Arulmigu Kalahatheeswarar ... vs P.Mohan ... 1St
2023 Latest Caselaw 12620 Mad

                                                                            C.R.P.(MD).No.2445 of 2018


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 15.09.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                           C.R.P.(PD)(MD)No.2445 of 2018
                                                        and
                                            C.M.P(MD) No.10891 of 2018

                     Arulmigu Kalahatheeswarar Devasthanam,
                     Dindigul Town,
                     Represented through its
                     Executive Officer.                     ... Petitioner/Petitioner/
                                                               2nd Defendant

                                                          -vs-

                     1. P.Mohan                                   ... 1st Respondent/1st Respondent/
                                                                      Plaintiff

                     2. The Dindigul Municipality
                        Represented by through its Commissioner,
                        now Dindigul Corporation,
                        through its Municipal Commissioner,
                        Dindigul.                            ... 2nd Respondent/2nd Respondent/
                                                                 1st Defendant.


                     PRAYER: Civil Revision Petition is filed under Article 227 of the
                     Constitution of India, against the fair and decreetal Order dated 26.02.2018
                     passed in I.A.No.2158 of 2017 in O.S.No.649 of 2012 on the file of the
                     Principal District Munsif Court, Dindigul.


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https://www.mhc.tn.gov.in/judis
                                                                                   C.R.P.(MD).No.2445 of 2018


                                              For Petitioner  : Mr.M.Muthugeethayan
                                              For Respondents : Mr.R.J.Karthick – for R1
                                                              : Mr.J.Parekhkumar – for R2


                                                           ORDER

The instant Civil Revision Petition has been filed against the order

passed in I.A.No.2158 of 2017 in an application filed under Order VIII Rule

1A(3) of C.P.C.

2. The petitioner herein is the second defendant. The first respondent is

the plaintiff and the second respondent is the first defendant before the Court

below.

3. The short relief, the petitioner wanted is that, they want to file two

documents, namely, the certified copy of the decree and judgment in A.S.No.7

of 2016 on the file of the Principal Sub Court, Dindigul. However, the leave

was rejected by the Court below. Aggrieved with the above said order, the

petitioner is before this Court.

4. I have gone through the papers. It is admitted by either side that the

suit is at the stage of marking of documents on behalf of this petitioner.

https://www.mhc.tn.gov.in/judis C.R.P.(MD).No.2445 of 2018

However, from the perusal of the impugned order, it appears that the Court

below has gone into the merits of the matter and has not granted leave to file

the documents.

5. However, this Court is of the view that, going into the merits of the

documents even at the threshold, when the documents are sought to be

produced is not permissible. Therefore, this Court is inclined to interfere with

the order passed by the Court below.

6. In the result, this Civil Revision Petition stands allowed and the

documents sought to be filed in I.A.No.2158 of 2017 is permitted to be filed.

The Court below is directed to receive the documents subject to proof and the

relevance. There shall be no order as to costs. Consequently connected

Miscellaneous Petition is closed.

                                                                                               15.09.2023
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi

https://www.mhc.tn.gov.in/judis C.R.P.(MD).No.2445 of 2018

To

1. The Principal District Munsif Court, Dindigul.

https://www.mhc.tn.gov.in/judis C.R.P.(MD).No.2445 of 2018

C.KUMARAPPAN,J.

ebsi

C.R.P(PD)(MD)No.2445 of 2018

15.09.2023

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