Madras High Court
Perumal vs A.Sankar on 22 October, 2021
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
C.R.P.Nos.698,702 & 704 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.R.P.(PD).Nos.698,702 & 704 of 2019
and
C.M.P.No.4575 of 2019
Perumal .. Petitioner in all CRPs
Versus
1.A.Sankar
2.M.Manoharan .. Respondents in all CRPs
Prayer in CRP.No.698 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.239 of 2018 in O.S.No.52 of 2011 on the file of the learned
District Munsif, Sholinghur.
Prayer in CRP.No.702 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.238 in O.S.No.52 of 2011 on the file of the learned District
Munsif, Sholinghur.
Page No.1/6
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.698,702 & 704 of 2019
Prayer in CRP.No.704 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.240 of 2018 in O.S.No.52 of 2011 on the file of the learned
District Munsif, Sholinghur.
For Petitioner : Mr.G.Jeremiah
For Respondents : Mr.K.V.Ananth Krishnan
COMMON ORDER
The petitioner is challenging the orders passed by the learned District Munsif, Sholinghur, in I.A.No.239 of 2018, I.A.No.238 of 2018 and I.A.No.240 of 2018 respectively in O.S.No.52 of 2011, dated 11.01.2019.
2. Heard Mr.G.Jeremiah, learned counsel for the petitioner and Mr.K.V.Ananth Krishnan, learned counsel appearing on behalf of the respondents.
3. The learned counsel for the revision petitioner submitted Page No.2/6 https://www.mhc.tn.gov.in/judis C.R.P.Nos.698,702 & 704 of 2019 that without stating any reasons, the respondents / defendants herein have filed an I.A.No.239 of 2018, I.A.No.238 of 2018 and I.A.No.240 of 2018 before the learned District Munsif, Sholinghur, in O.S.No.52 of 2011, to re- open, to re-call and to receive the documents, which was objected by the plaintiff for the reason that after completion of the evidence, when the case was reserved for judgment, the respondents have preferred these I.A.s to submit the documents after completion of the trial.
4. On hearing both sides, the learned trial Judge allowed the applications with costs, against which the petitioner has preferred these revisions.
5. The contention of the revision petitioner is that without stating any reason the documents were filed.
6.Per contra, the learned counsel for the respondents / defendants submitted that, earlier, at the time of examination of DW1, the defendants filed application to receive the document, which was allowed by Page No.3/6 https://www.mhc.tn.gov.in/judis C.R.P.Nos.698,702 & 704 of 2019 the learned trial Judge, against which the revision petitioner has preferred revision petitions in C.R.P.Nos.1858 and 1859 of 2018, before this Court. While disposing of the said revision petitions, on 23.07.2018, the defendants were given liberty to file fresh applications giving all particulars of the documents and after receiving the same, the trial Court is directed to dispose of the case in accordance with law.
7. As per the direction given in the said CRPs, the defendants have preferred those applications against the plaintiff before the trial Court. But as rightly pointed out by the learned counsel for the petitioner, even the direction given by this Court in C.R.P.Nos.1858 and 1859 of 2018 also specifically mention adjudicate the issue between the parties fairly and opportunities were given to both sides in the suit concerned. Even though, the objection raised by the petitioner is sustainable one, but he could raise the same at the time of marking of documents before the trial Court.
8. Hence, this Court is inclined to dismiss these Civil Revision Petitions and confirm the orders passed by the learned District Page No.4/6 https://www.mhc.tn.gov.in/judis C.R.P.Nos.698,702 & 704 of 2019 Munsif, Sholinghur in I.A.No.239 of 2018, I.A.No.238 of 2018 and I.A.No.240 of 2018 respectively in O.S.No.52 of 2011. The learned trial Judge is directed to dispose of the suit within a period of three months from the date of receipt of a copy of this order. Consequently connected miscellaneous petition is closed. No Costs.
22.10.2021 Index : Yes / No Speaking Order:Yes/No rri To
1.The District Munsif, Sholinghur.
2.The Section Officer, V.R.Section, High Court of Madras.
Page No.5/6 https://www.mhc.tn.gov.in/judis C.R.P.Nos.698,702 & 704 of 2019 T.V.THAMILSELVI, J.
rri C.R.P.(PD).Nos.698,702 & 704 of 2019 and C.M.P.No.4575 of 2019 22.10.2021 Page No.6/6 https://www.mhc.tn.gov.in/judis