S.Mohammed Ali v. C.Mohan
Case brief
What is this about?
High Court dismissed civil revisions challenging the dismissal of applications to recall a witness and re-produce documents. The Court found no illegality and remitted the suit for merits disposal.
What did the court decide?
Civil revisions dismissed; suit remanded to subordinate court for disposal on merits within two months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
C.R.P.Nos.4132 & 4134 of 2019 and C.M.P.No.26909 of 2019
- S.Mohamed Ali 2. M.Parveen 3. M.Nizar Ahamed .. Petitioners in both CRPs Vs. C.Mohan .. Respondent in both CRPs
Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India seeking to set aside the fair and decreetal Orders dated 20.11.2019 passed in I.A.Nos.4 & 5 of 2019 respectively in O.S.No.11 of 2019, by the learned Additional District Judge, Dharmapuri.
For Petitioners : Mr.M.Mohamed Riyaz For Respondent : Mr.V.R.Anna Gandhi C O M M O N O R D E R
Present revisions have been filed against the order dismissing the petitioners' applications filed under Order XVIII Rule 17 of C.P.C. for recalling P.W.1 for cross examination and for re-producing Ex.A2.
- The respondent herein has filed the suit in O.S.No.11 of 2019, on the file of the learned Additional District Judge, Dharmapuri, against the petitioners herein seeking a direction to the petitioners herein to pay a sum of Rs.52,94,082/- along with interest from the date of the suit.
Issues for consideration
1 issue framed by the court
Whether the Trial Court was justified in dismissing the applications for recalling a witness and re-producing documents after the conclusion of plaintiff's evidence.
Parties & counsel
- petitioner
S.Mohamed Ali
- petitioner
M.Parveen
- petitioner
M.Nizar Ahamed
- respondent
C.Mohan
Coram
Case details
As recorded by the court registry
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