P.Raja vs C.Palani Andi
2023 Latest Caselaw 10275 Mad

                                                                               C.R.P(MD)No.997 of 2019

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 11.08.2023

                                                          CORAM

                                     THE HON'BLE MR.JUSTICE C.KUMARAPPAN

                                                  C.R.P(MD)No.997 of 2019
                                                           and
                                                 C.M.P(MD)No.5567 of 2019

                     P.Raja                                            ...Petitioner/Respondent/
                                                                          Plaintiff

                                                             Vs.

                     C.Palani Andi                                    ...Respondent/Petitioner/
                                                                         Defendant


                     PRAYER: Civil Revision Petition is filed under Article 227 of the
                     Constitution of India, to set aside the order dated 12.04.2019 made in
                     I.A.No.1 of 2019 in O.S.No.1288 of 2011 on the file of the learned II
                     Additional District Munsif, Tiruchirappalli.


                                         For Petitioner   : Mr.S.Ramsundar Vijayraj
                                                            For M/s.Veera Associates

                                         For Respondent : Mr.H.Lakshmi Shankar


                                                          ORDER

This Civil Revision Petition has been passed by the learned II

Additional District Munsif, Tiruchirappalli in I.A.No.1 of 2019 in

O.S.No.1288 of 2011, dated 12.04.2019.

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C.R.P(MD)No.997 of 2019

2. The learned counsel for the petitioner contended that the very

order passed by the Court below is erroneous, as the Court has permitted

to receive the unregistered documents. In this regard, the learned counsel

for the petitioner relied upon the judgment of this Court in the case of

Manikannan Vs Sambandam reported in 2013-2-L.W.93 and would

submit that unless the document is admissible in evidence, such

document could not be received. The learned counsel for the petitioner

invited the attention of this Court about the list of documents. Wherein,

they referred documents No.1 and 2, namely, the unregistered sale deeds

and submits that since the unregistered sale deeds are inadmissible in

evidence, even the receipt of the documents could not be ordered.

3. The learned counsel for the respondent would rely upon the

judgment of the Hon'ble Apex Court in the case of Bipin Shantilal

Panchal Vs State of Gujarat and others reported in (2001) 3 SCC 1, and

would contend that any objection to the admissibility of the document

can only be decided while disposing of the suit finally, unless objection

relates to deficiency in stamp. Even to decide the objection regarding

deficiency in stamp, the documents needs to be received in evidence. He

would also submit that the unstamped and unregistered sale deed can be

looked into for collateral purpose.

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C.R.P(MD)No.997 of 2019

4. Therefore, what would emerge from the submission of the

learned counsel for the respondent is that unless the doucments received

and marked with objection, the issue of admissibility cannot be

adjudicated. The receipt of any documents in evidence would only be

subject to proof and relevancy. Hence, this Court is of the view that the

order passed by the Court below in receiving the petition mentioned

documents subject to proof and relevancy is perfectly in order. Therefore,

this Court does not want to interfere with the order of the Court below.

5. Considering the request made by the learned counsel for the

petitioner and also the fact that the suit is pending for more than 10

years, this Court direct the Court below to dispose of the suit in O.S.No.

1288 of 2011 as expeditiously as possible, preferably within a period of 6

months from the date of receipt of the copy of this order.

6. In the result, this Civil Revision Petition stands dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                      11.08.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No
                     sn
https://www.mhc.tn.gov.in/judis



                                                                    C.R.P(MD)No.997 of 2019



                     To

1.The learned II Additional District Munsif, Tiruchirappalli.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.997 of 2019

C.KUMARAPPAN,J.

SN

C.R.P(MD)No.997 of 2019

11.08.2023

https://www.mhc.tn.gov.in/judis