An application seeking summons to produce the Suit Register Abstract and Binding Judgment Book concerning an old suit was dismissed. The court held that since the title in the underlying suit was not disputed, there was no necessity for issuing such summons.
Summons to produce Suit Register Abstract and Binding Judgment Book was not issued.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 22ND DAY OF AUGUST 2019
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No.5536 OF 2019
in
C.S.No.170 of 2019
G.Muniraj
S/o.C.K.Ganesan
residing at
Door No. D74, 18th 1st Cross Street,
Periyar Nagar, Chennai- 600 082 :Applicant/Plaintiff
Vs.
1.Meganathan
Old No.1/9, New No.38/157
Kodambakkam High Road (M.G.R.Salai)
Grama Street, Nungambakkam, Chennai – 600034
2.Lakshmi W/o.Mohan Old No.1/9, New No.38/157 Kodambakkam High Road (M.G.R.Salai), Grama Street, Nungambakkam, Chennai- 600 034 :Respondent/Defendant
This Application praying that this Honble Court be pleased to issue summon to produce the “suit register abstract” and “binding https://hcservices.ecourts.gov.in/hcservices/ judgment Book”related the suit No.895/1954 (dismissed on 10-08-1955).
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This Application coming on this day before this court for hearing the court made the following order:
This application has been filed to issue summons to produce the Suit Register Abstract and Binding Judgment Book related to the suit in O.S.No.895 of 1954 on the file of the III Assistant City Civil Court, Chennai.
filed by the sister of C.K.Ganesan and C.K.Natesan viz., Muniammal
was dismissed holding that she is not entitled to a share.
plaintiff is not the legal heir of C.K.Ganesan and that they are the
legal heirs of C.K.Ganesan and they are in possession in the said
capacity. Issues have been framed in the suit. The title of
C.K.Ganesan has not been disputed by the defendants in their written
statement. Both the plaintiff as well as the defendants are claiming https://hcservices.ecourts.gov.in/hcservices/
under common ancestor viz., C.K.Ganesan. When the title of
C.K.Ganesan is not in dispute, I do not think that it is necessary to
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issue summons to the III Assistant City Civil Court, Chennai to
produce the Suit Register Abstract and the Binding Judgment Book in O.S.No.895 of 1954.
4. Hence, this application is dismissed.
Sd/.R.S.M.J.
22.08.2019
//Certified to be a true copy//
Dated this the th day of 2019.
DL/28.08.2019 COURT OFFICER
From 25.09.2008 th e Registry is issuing certified copies of the
Order/Judgment Decree in this format.
1 issue framed by the court
Whether it is necessary to issue summons to produce Suit Register Abstract and Binding Judgment Book when title is not disputed.
G.Muniraj
Meganathan
Lakshmi
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
