Madras High Court
K.R.Sivadesikan vs Ruckmani on 2 July, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
Review Petition No.223 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2024
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Review Petition No.223 of 2023
K.R.Sivadesikan ... Petitioner
Vs.
Ruckmani ...Respondent
Prayer: Review Petition filed under Section 114 of Civil Procedure Code to
review the order passed in C.R.P. No.526 of 2023 on the file of this Court
and consequently direct the trial court to permit the petitioner to mark the
documents filed by the petitioner in R.C.O.P. No.106 of 2012 on the file of
the Rent Controller and 1st Additional District Munsif, Coimbatore.
For Petitioner : Mr.C.Deivasigamani
For Respondent : Mr.K.Govi Ganesan
ORDER
The present Review Petition has been filed to review the order
passed in CRP No.526 of 2023 on the file of this Court and consequently
direct the trial court to permit the petitioner to mark the documents filed by
the petitioner in R.C.O.P. No.106/2012 on the file of the Rent Controller
and 1st Additional District Munsif, Coimbatore.
https://www.mhc.tn.gov.in/judis
Review Petition No.223 of 2023
2.The case of the petitioner is as follows:-
(i) The petitioner has filed C.R.P.No.526 of 2023 to set aside the
order passed by the trial court in I.A.No.5 of 2022 in I.A.No.4 of 2022 in
R.C.O.P.No.106 of 2012 on the file of the Rent Controller dated 15.12.2022
and the same was allowed on condition that the cross examination of the
petitioner shall be opened on or before 30.08.2023 and to complete the
same within a period one month from that date and the trial court was
directed to pass appropriate orders in RCOP No.106 of 2012 within a
period of three months thereon.
(ii) During the trial, the respondent stated that the clarification petition
moved before the High Court was turned down. When the petitioner has
brought to the knowledge of the court below to mark the documents during
cross examination, the trial court dismissed the same on the ground that
there is no such order, hence this Review petition.
3. Per Contra, the learned counsel appearing for the respondent
submitted that the order passed by this Court does not require any
interference and hence pleaded to dismiss the present Review petition.
4. Heard the learned counsels on either side and perused the
documents placed on record.
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Review Petition No.223 of 2023
5. On a perusal of the documents placed on record it is seen that
already this Court had heard the matter in Civil Revision Petitions and
passed a common order on 09.08.2023, wherein CRP No.525 of 2023 has
been filed to set aside order passed by the trial court in I.A.No.4 of 2022 in
RCOP No.106 of 2012 and CRP No.526 of 2023 has been filed to set
aside the order passed by the trial court in I.A.No.5 of 2022 in I.A.No.4 of
2022. The I.A.No.4 of 2022 has been filed to enlarge the time granted to
pay a costs of Rs.2,000/- in I.A.No.3 of 2022 in RCOP 106 of 2012.
6. It is to be noted that the petitioner filed a petition to open case in
I.A.No.3 of 2022 which was allowed on condition to pay a sum of
Rs.2,000/- the cost was not paid. Hence the petitioner filed I.A.No.4 of
2022 seeking extention of time and that petition was dismissed and then,
I.A.No.5 of 2022 was filed to review the order dated 01.11.2022 passed in
I.A.No.4 of 2022 and the same was dismissed by pointing out that the
petitioner has produced the medical certificate without discharge summary
and review could not be entertained against the appealabe orders. Hence
CRPs were preferred.
7. On an earlier occasion, while dealing with the Civil Revision
Petitions, this Court heard the parties and was of the view that though
sufficient opportunity was granted to the petitioner, he failed to comply with
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Review Petition No.223 of 2023
the conditions and intends to prolong the litigation, thereby disposed of the
Civil Revision Petitions stating that the petitioner could not appear before
the trial court for subjecting himself to cross examination and that the rial
court ought to have ensured complaince of natural justice, the cross
examination of the petitioner was directed to be opened on 30.08.2023 and
ordered to be completed within a period of one month from that date and
the trial court, thereafter, shall pass appropriate orders in R.C.O.P. No.106
of 2012 within a period of three months thereon.
8. Now, the petitioner herein / review petitioner has filed a review
petition to review the order passed in C.R.P.No.526 of 2023 stating that the
petitioner was examined in-chief, but not allowed to mark the documents,
the said plea cannot be raised in the review petition and it has to be filed by
way of another Civil Revision Petition and not by the present Review
Petition.
9. It is settled law that even an erroneous decision cannot be a
ground for the Court to undertake review, as the first and foremost
requirement of entertaining a review petition is that the order under review
of which is sought, suffers from any error apparent on the face of the order
and in absence of any such error, finality attached to the judgment/order
cannot be disturbed
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Review Petition No.223 of 2023
10. At this stage, the learned counsel for the respondent submitted
that the main RCOP itself was allowed on 02.01.2024 and the petitioner
was directed to vacate the petition mentioned property and handover the
vacant possession to the respondent within a period of two months from
the date of receipt of copy of this order i.e., 02.01.2024.
11. As the main R.C.O.P itself has been allowed and ended in
directing the petitioner to vacate the premises, this Court does not find any
error apparent on the face of the order in order to entertain the present
review application.
Accordingly, the Review Petition is dismissed.
02.07.2024
Index:Yes/No
Internet:Yes/No
Speaking / Nonspeaking order
ssd
To
The Rent Controller / First Additional District Munsif,
Coimbatore.
https://www.mhc.tn.gov.in/judis
Review Petition No.223 of 2023
V.BHAVANI SUBBAROYAN J.
ssd
Review Petition No.223 of 2023
02.07.2024
https://www.mhc.tn.gov.in/judis
