Padmanaban (Died) vs Mahadevi
2024 Latest Caselaw 19351 Mad

Madras High Court

Padmanaban (Died) vs Mahadevi on 16 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                              C.R.P.(MD)No.1621 of 2023




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated : 16.10.2024

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            C.R.P.(MD)No.1621 of 2023

                Padmanaban (Died)                       ... Petitioner / Petitioner / Defendant


                                                       Vs.
                1.Mahadevi

                2.Arivazhagan

                3.Tamil Selvi

                4.Gunaseelan                         ... Respondents / Respondents / Plaintiffs

                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, to set aside the order passed in I.A.No.282 of 2021 in O.S.No.212 of
                2012 on the file of the District Munsif Court, Kodaikanal, dated 21.02.2022 and
                allow IA.


                          For Petitioners    : Mr.Raja.Karthikeyan

                          For Respondents     : Mr.R.Dhanaram




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                                                                                 C.R.P.(MD)No.1621 of 2023



                                                      ORDER

Heard both sides.

2. The defendant in O.S.No.212 of 2012 on the file of the District

Munsif Court cum Judicial Magistrate, Kodaikanal is the revision petitioner

herein. The petitioner herein filed I.A.No.282 of 2021 for initiating prosecution

against the plaintiffs under Section 340 of Cr.P.C. According to the defendant,

the foundational plaint document (Ex.P1) has been tampered. The revision

petitioner alleges that Ex.P1 was filed along with the plaint. Later it was taken

back and the date of the stamp paper was changed as 12.01.1991 in the place of

12.01.1996. The specific stand of the revision petitioner is that the stamp paper

was actually purchased only in 1996 and that it was made to appear that it was

purchased on 12.01.1991 itself. The court below declined to take action under

Section 340 of Cr.P.C on the ground that the document was not altered when it

was in the custody of the court.

3. I am satisfied that this finding is prima facie correct. In any event, the

court cannot be compelled to initiate prosecution under Section 340 of Cr.P.C.

If the revision petitioner succeeds in obtaining a finding in the final Judgment

that there has been tampering of the date found in Ex.P1, it would be open to

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the petitioner herein to launch an independent prosecution against the plaintiffs

thereafter. The suit is of the year 2012. It cannot be kept pending definitely.

The court below shall dispose of the suit on merits and in accordance with law

within a period of four months from the next hearing date.

4. With the aforesaid direction, the Civil Revision Petition is disposed of.

No costs.

                                                                                        16.10.2024

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                rmi


                To:

                The District Munsif Court, Kodaikanal.




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






                                  G.R.SWAMINATHAN, J.

                                                             rmi









                                                    16.10.2024



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