The Madurai Bench of the Madras High Court dismissed Civil Revision and Miscellaneous Petitions. The court noted that respondents waived pressing the impugned interim application, leading to the dismissal of both petitions without substantive adjudication of the legal issues raised.
Relief of setting aside the impugned order was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 9/1/2015
C O R A M
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
C.R.P. PD(MD) No.1084 of 2014
and MP(MD)No.1 of 2014
Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order passed in I.A.No.24 of 2013 in O.S.No.215 of 2010 on the file of the District Munsif-cumJudicial Magistrate Court, Andipatti dated 17/6/2013.
For petitioners ... Mr.T.Selvan For respondents ... Mr.R.Suriyanarayanan
O R D E R
The suit is filed for declaration of title and for injunction. The plaintiff had filed an application under Order 14 Rule 3 of the Code of Civil Procedure marking certain documents through P.W.2. The second respondent is P.W.2, through whom only the documents were marked. The learned District Munsif, Andipatti though held that P.W.2 is not the plaintiff, however, allowed the application holding that the documents can be marked only through the witness, who has got the knowledge about the same. Aggrieved by the same, the present Civil Revision Petition has been filed by the plaintiff.
Sd/-
Assistant Registrar(CO)
/True copy/
Sub Assistant Registrar
To
The District Munsif-cum-Judicial Magistrate, Andipatti.
+1CC to M/s.T.Selvan, Advocate in SR.1488
C.R.P.PD (MD) No.1084 of 2014 9/1/2015
mvs
PBK 05/02/2015 ::1P-3C:
1 issue framed by the court
Whether the application under Order 14 Rule 3 CPC allowing documents to be marked through P.W.2 instead of the plaintiff was sustainable in law.
2 provisions across 2 enactments
DURAIRAJ
RAMARAJ
SURULI
SUBBUTHAI
VELAYUDAM
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
