Dismissed

Jayalakshmi v. N. Rangasamy

Madras HC9 Sept 2021CRP/1854/2021

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a civil revision petition challenging an order refusing to transmit entire records from auxiliary files. The court held that requesting original documents is an abuse of process as certified copies suffice, though the petitioner was granted permission to send the original compromise deed specifically for handwriting expert opinion.

What did the court decide?

Civil Revision Petition dismissed. Petitioner entitled to certified copies; original compromise deed may be sent only for handwriting expert opinion.

Jayalakshmi Vs N. Rangasamy — Property and Title | Madras HC (2021)

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C.R.P.(P.D).No.1854 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.09.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

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C.R.P.(P.D) No. 1854 of 2021
and
C.M.P.No.14458 of 2021
Jayalakshmi ...Petitioner
Vs
1.N.Rangasamy
2.V.K.Perumal ...Respondents

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Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 06.03.2020, in I.A.No.211 of 2017 in O.S.No.83 of 2016, passed by the learned III Additional District Judge, (Motor Accident Claims Tribunal/III Additional District and Sessions Court), Tiruppur, at Dharapuram.

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For Petitioner : Mr.N.Ponraj

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ORDER

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This Civil Revision Petition is filed, to set aside the order dated

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06.03.2020, in I.A.No.211 of 2017 in O.S.No.83 of 2016, passed by the

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learned III Additional District Judge, (Motor Accident Claims Tribunal/III

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http://www.judis.nic.in

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C.R.P.(P.D).No.1854 of 2021

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Additional District and Sessions Court), Tiruppur, at Dharapuram.

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The affidavit filed in support of I.A.No.211 of 2017 in

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O.S.No.83 of 2016, shows that the petitioner filed this application to send

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the entire case bundle in O.S.No.221 of 1989 on the file of the Subordinate

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Court, Dharapuram and A.S.No.123 of 2001, on the file of the District

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Court, Erode, in order to produce them in the suit in O.S.No.83 of 2016,

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now kept at the record room at District court, Erode.

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Reasons stated by the petitioner is that the

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respondents/defendants are claiming 1/3^rd share in the suit property

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belonging to the petitioner's father late Mr.Kalimuthu Pillai, on the basis of the proceedings in O.S.No.221 of 1989. There is an appeal against the judgement in O.S.No.221 of 89 in A.S.No.123 of 2001. The petitioner filed I.A.No.211 of 2017 in O.S.No.83 of 2016, praying for every documents,

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pleadings, summons, petition and orders passed in O.S.No.221 of 1989 and A.S.No.123 of 2001 to prove his case. Further, the learned counsel for the

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petitioner submitted that the petitioner disputes the signature of the petitioner's father in the compromise deed and the same needs to be sent to

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http://www.judis.nic.in

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C.R.P.(P.D).No.1854 of 2021

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the hand writing expert's opinion. Therefore, he prays to allow this Civil Revision Petition.

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The I.A.No.211 of 2017 in O.S.No.83 of 2016, was contested

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by the respondents alleging that the petitioner could have obtained certified copies of the documents which are required by him to produce before the Trial Court. It is not necessary to send the entire records. Considering the rival submission, the learned III Additional District Judge, Tiruppur, at Dharapuram dismissed the I.A.No.211 of 2017 in O.S.No.83 of 2016, on 06.03.2020. Hence, this Civil Revision Petition is preferred.

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Considered the submissions made by the learned counsel for the

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petitioner and perused the records.

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As narrated above, the petitioner wants every document, pleadings, summons, petition and orders passed in O.S.No.221 of 89 and

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A.S.No.123 of 2001, to show that the respondents/defendants are claiming

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one third share in the suit property belonging to the petitioner's father late

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http://www.judis.nic.in

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C.R.P.(P.D).No.1854 of 2021

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Mr.Kalimuthu Pillai. It appears that, allotment of shares was ordered in final decree in O.S.No.221 of 1989. The judgments in O.S.No.221 of 89 and A.S.No.123 of 2001 are enough to prove the case of the petitioner, or dispute the case of the respondents. It is not known why the petitioner wants every document, pleadings, summons, petition and orders passed in O.S.No.221 of 1989 and A.S.No.123 of 2001 proceedings. The petitioner can very well obtain certified copies of these documents and produce it in O.S.No.83 of 2016 before the Trial Court. Apparently, it shows that this petition in I.A.No.211 of 2017, was filed only to protract the proceedings and it is a clear abuse of process of law. This court finds that there is absolutely no valid reason for filing the I.A.No.211 of 2017 in O.S.No.83 of 2016 and the said petition is rightly dismissed by the learned III Additional District Judge, Tiruppur, at Dharapuram. This court does not want to interfere with the order dated 06.03.2020, in I.A.No.211 of 2017 in O.S.No.83 of 2016, passed by the learned III Additional District Judge, Tiruppur, at Dharapuram and confirms the said order. However, the

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petitioner is entitled to receive certified copies of the documents and produce it before the Trial court. If there is an application filed, to send the

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http://www.judis.nic.in

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C.R.P.(P.D).No.1854 of 2021

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compromise deed for hand writing expert's opinion for ascertaining the signature of petitioner's father with the admitted signature, the original compromise deed may be sent for the limited purpose of hand writing expert's opinion.

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Accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
ep/Jer 09.09.2021
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
To
1.The Motor Accident Claims Tribunal/III Additional District
Sessions Court,
Tiruppur, Dharapuram.
2. The Section Officer,
VR Section,
High Court of Madras.

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http://www.judis.nic.in

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C.R.P.(P.D).No.1854 of 2021

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G.CHANDRASEKHARAN.J,

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C.R.P.(P.D) No. 1854 of 2021
and
C.M.P.No.14458 of 2021

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09.09.2021

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http://www.judis.nic.in

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Jayalakshmi v. N. Rangasamy

Case brief

What is this about?

What did the court decide?

Jayalakshmi v. N. Rangasamy

Case brief

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What did the court decide?

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