The Madras High Court allowed a petition to admit a copy of a misplaced proof affidavit ofPW-1 as proof to reconstruct the court record in an ongoing appeal, after the trial court confirmed the original was lost.
The copy of the proof affidavit of PW-1 filed by the appellant is allowed to be part of the main court record.
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 ( Civil Appellate Jurisdiction )
Thursday, the Seventh day of March Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice R.PONGIAPPAN
CMP(MD) No.2304 of 2019 IN AS(MD) No.106 of 2005
ANDREW MATHEW, ... PETITIONER/APPELLANT
MADURA COATS LIMITED, PAPAVANASAM MILLS POST, AMBASAMUDRAM TALUK, TIRUNELVELI DISTRICT,
THROUGH ITS MANAGER,
ENGINEERING SERVICE S.BALAKRISHNAN. ... RESPONDENT/RESOPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to receive the copy of chief examination of PW1 in the form of proof affidavit and ordered to form and part of the main court record in A.S.No.106/2005 and thus render justice.
Prayer in AS(MD). 106/ 2005 :
The Appellant above named begs to prefer this Memorandum of Regular Appeal against the Judgment and Decree passed in OS.53/2004, on the file of the Addl.District Judge, FTC No.1, Tirunelveli dated 29.06.2005.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.KARTHIKEYAVENKITACHALAPA, Advocate for the petitioner and of Mr.S.KUMAR,Advocate for the Respondents the court made the following order:-
It appears that on 06.02.2019, when the appeal was taken up for hearing, it was identified that the proof affidavit filed by PW.1 before the trial Court, dated 02.09.2004 is misplaced. Subsequently, this Court directed the learned Additional District Judge, Fast Track Court No.I, Tirunelveli, which is the trial Court, to produce the original proof affidavit filed by PW.1.
2
that the records pertaining to O.S.No.53 of 2004 was transmitted to the Appellate Court as on 17.07.2006. Further, he stated that the case records pertaining to the above suit is not available, despite of sincere efforts to trace out the same.
arguments.
sd/-
07/03/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT, NO.1, TIRUNELVELI.
PS/VR/SAR-2/15.03.2019/2P/2C
ORDER
IN
CMP(MD) No.2304 of 2019 IN
AS(MD) No.106 of 2005 Date :07/03/2019
1 issue framed by the court
Whether the misplaced proof affidavit of PW-1 should be accepted in lieu of the original to reconstruct the court record when the original is lost.
Andrew Mathew
Madura Coats Limited
R.Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
