The High Court allowed two Civil Revision Petitions filed by defendants under Section 115 CPC. The Court ordered the lower trial court to dispose of the suit and finally decide the triable issue regarding signatures and business transactions within twelve weeks.
Both Civil Revision Petitions allowed; trial court directed to dispose of suit within twelve weeks.
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.
C.R.P.(NPD) Nos.2124 and 1921 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.R.P.(NPD) No.2124 and M.P.No.1 of 2013 and C.R.P.(NPD) No.1921 of 2013 and M.P.No.1 of 2013
Mr.S.R.Babu ...Petitioner in C.R.P(NPD)No.2124 of 2013 Mrs.Prabhavathy ...Petitioner in C.R.P(NPD)No.1921 of 2013 ..Vs.. 1.Mr.T.Durai 2.Mrs.Prabhavathy ...Respondents in C.R.P(NPD)No.2124 of 2013 1.Mr.T.Durai 2.Mr.S.R.Babu ...Respondents in C.R.P(NPD)No.1921 of 2013
PRAYER in C.R.P(NPD)No.2124 of 2013: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the fair order and decreetal order passed by the II Assistant Judge, in-charge of IV Assistant Court, City Civil Court, Chennai in I.A.No.13604 of 2011 in O.S.No.2116 of 2011, dated 25.01.2012.
PRAYER in C.R.P(NPD)No.1921 of 2013: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the fair order and decreetal order passed by the II Assistant Judge, in-charge of IV Assistant Court, City Civil Court, Chennai in I.A.No.14067 of 2011 in O.S.No.2116 of 2011, dated 25.01.2012.
C.R.P.(NPD) Nos.2124 and 1921 of 2013
For Petitioners :Mr.T.N.Sugesh in both C.R.Ps For R1 : Dr.G.Krishnamurthy in both C.R.Ps For R2 : No appearance in both C.R.Ps
O R D E R
The defendants 1 & 2 in O.S.No.2116 of 2011 are the
petitioners herein.
recovery of money due on pronote and in the said suit, after notice of hearing, they have filed an application seeking leave to defend the case unconditionally in I.A.No.13604 of 2011 filed by the first defendant. While, I.A.No.14067 of 2011 is filed by the second defendant in the suit. They have filed written statement along with the petition contending about the various business transactions between the parties and also the first defendant raised the dispute with regard to the signature in the suit document and the second defendant specifically raised a plea that she is not a signatory to the document. Both the applications were dismissed and hence, separate Civil Revision Petitions have been filed showing the other defendant as a second respondent herein and on memo, notice to the second respondent in the respective Civil Revision Petitions are dispensed with. For R1 none appeared.
C.R.P.(NPD) Nos.2124 and 1921 of 2013
they are true and have been proved in the manner known to law, is a triable issue.
this Court send this order copy to the Court below within a period of two weeks. On receipt of the order copy from this Court, the trial Court is directed to dispose of the suit within a period of twelve weeks from the
date of receipt of a copy of this order. No costs. Consequently, connected M.Ps are closed.
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C.R.P.(NPD) Nos.2124 and 1921 of 2013
Index:Yes/No
Speaking Order:Yes/No
To
The II Assistant Judge, in-charge of IV Assistant Court,
City Civil Court, Chennai
C.R.P.(NPD) Nos.2124 and 1921 of 2013
RMT.TEEKAA RAMAN,J.,
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C.R.P.(NPD) No.2124 and M.P.No.1 of 2013 and
C.R.P.(NPD) No.1921 of 2013 and M.P.No.1 of 2013
03.02.2020
3 issues framed by the court
Whether the applications by defendants seeking leave to defend, disputing signature and transactions, require adjudicatory trial rather than dismissal.
Whether Civil Revision Petitions seeking to restore barred leave-to-defend applications should be allowed.
Whether the trial court is directed to dispose of the suit within a specific timeline following the High Court order.
Mr. S.R. Babu
Mrs. Prabhavathy
Mr. T. Durai
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
