S.Suresh v. M.Deepa
Case brief
What is this about?
In a civil revision petition under Article 227, the High Court of Madras dismissed the appeal against an order eschewing witness evidence in a Family Court pending matrimonial proceeding, ordering completion of the original petition within 60 days.
What did the court decide?
The Civil Revision Petition is dismissed. The trial Court is directed to complete the Original Petition within 60 days.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2018
CORAM
THE HONOURABLE Mr. JUSTICE M.S. RAMESH C.R.P(P.D)No. 2463 of 2017
S.Suresh ..Petitioner/ Respondent / petitioner
-Vs-
M.Deepa ..Respondent/ petitioner / Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the above Civil Revision Petition and set aside the order passed in I.A.No.107 of 2017 in HMOP.No.174 of 2016 dated 31.05.2017 pending on the file of the learned Family Court, Dharmapuri District.
The present Civil Revision Petition is to set aside the order passed in I.A.No.107 of 2017 dated 31.05.2017, wherein, the counter affidavit filed by the respondent herein on 20.12.2016 and the evidence adduced by R.W.1 and R.W.2, were directed to be eschewed.
- The learned counsel for the petitioner submitted that the counter filed by the respondent dated 20.12.2016 is a re-production of the counter filed by the petitioner in I.A.No.203 of 2016 and that the respondent was not justified in any manner to have copied the counter affidavit of the petitioner for the purpose of filing the counter in the main H.M.O.P.
Issues for consideration
2 issues framed by the court
Whether the trial Court erred in eschewing evidence based on a counter affidavit filed due to inadvertence.
Whether the Civil Revision Petition to quash the trial Court's order warrants allowing.
Parties & counsel
- petitioner
S. Suresh
- respondent
M. Deepa
Coram
M.S. Ramesh
Case details
As recorded by the court registry
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