Vijaya v. Venkatesan
Case brief
What is this about?
A common order dismissing three civil revisions filed under Article 226 against an impugned order rejecting applications to reopen and examine a witness. The High Court upheld the trial court's decision due to significant delay and procedural unfairness.
What did the court decide?
The revisions were dismissed with no costs awarded. The connected miscellaneous petition was closed.
What the court decided
C.R.P.(PD).Nos.2723, 2728 and 2730 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(PD).Nos.2723, 2728 and 2730 of 2021
and
C.M.P.No.19956 of 2021
1.Vijaya
2.Jaya @ Arivazagi .. Petitioners in all the CRPs
Vs.
Venkatesan .. Respondent in all the CRPs
PRAYER in all the CRPs: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 27.09.2021 passed in I.A.Nos.493, 494 and 495 of 2021 in O.S.No.153 of 2012 respectively on the file of Principal Sub-Court at Kallakurichi and consequently to allow the above applications.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the order dismissing the plaintiffs' applications to re-open and examine an attesting witness on grounds of delay.
Whether allowing the applications would prejudice the defendant who had already examined the propounder of the Will.
Parties & counsel
- petitioner
Vijaya and another
- respondent
Venkatesan
Coram
R.Subramanian
Case details
As recorded by the court registry
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