The Madras High Court dismissed a Civil Revision Petition challenging an order summoning a bank secretary to help the plaintiff prove title by establishing a loan mortgage against suit properties, confirming the lower court’s decision.
Civil Revision Petition dismissed; order of District Munsif confirmed; suit to be disposed by 30th April 2015.
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.
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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.1420 of 2014
and MP(MD)No.1 of 2014
Subbuthai ...Respondent/Petitioner/Plaintiff
Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.188 of 2013 in O.S.No.215 of 2010 on the file of the District Munsif-cum-Judicial Magistrate Court, Andipatti dated 4/11/2013.
For petitioners ... Mr.T.Selvan For respondent ... Mr.R.Suriyanarayanan - - - - - -
O R D E R
This Civil Revision Petition has been filed against the fair and decreetal order passed in I.A.No.188 of 2013 in O.S.No.215 of 2010 on the file of the District Munsif-cum-Judicial Magistrate Court, Andipatti dated 4/11/2013.
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establish his title. To prove her ownership, the plaintiff wants to examine the said witness viz., the Secretary of the Bank as she had borrowed a loan based on the mortgage of the suit properties. The reasoning given by the plaintiff/respondent is convincing and therefore, the order of the District Munsif, Andipatti, allowing the same is correct and the same need not be interfered with.
Sd/-
Assistant Registrar(CO)
/True copy/
Sub Assistant Registrar
To
The District Munsif-cum-Judicial Magistrate, Andipatti.
C.R.P.PD (MD) No.1420 of 2014 09.01.2015
mvs
PBK 05/02/2015 ::2P-2C:
2 issues framed by the court
Whether a Civil Revision Petition filed against an order summoning a bank secretary must be allowed
Whether an affidavit or application filed earlier and not pressed precludes the present application in an O.S.
2 provisions across 2 enactments
DURAIRAJ
RAMARAJ
SUBBUTHAI
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
