The High Court disposed of a Civil Revision Petition challenging an order permitting evidence from DW1. It found no irregularity but directed the Subordinate Judge to permit the petitioner to cross-examine DW1 within thirty days.
Petitioner permitted to cross-examine DW1 on next hearing date; trial court directed to dispose of suit within 30 days.
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.
CRP.PD.No.4355 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.4355 of 2017
and
CMP.No.20680 of 2017
Sheela Suganthi ..Petitioner
Vs.
1.Halima Bai
2.I.Salai Mohamed Sait
3.Iboo Sait
4.Sattar Sait ..Respondents
PRAYER:
The Civil Revision Petition is filed under Article 227 of the
Constitution of India praying to set aside the fair order and decretal
order of the learned Subordinate Judge, Udhagamandalam made in
IA.No.209 of 2017 in OS.No.75 of 2014 dated 19.08.2017.
For Petitioner : Dr.C.Ravichandran for Mr.S.D.Venkateswaran For Respondents For R1 :Mr.Srinath Sridevan R2 : died For R3 : Mr.T.Mohan for Mr.M.Murali R4 : Notice served
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CRP.PD.No.4355 of 2017
ORDER
This Civil Revision Petition is arising out of fair order and decretal order of the learned Subordinate Judge, Udhagamandalam made in IA.No.209 of 2017 in OS.No.75 of 2014 dated 19.08.2017 thereby dismissing the petition filed by the petitioner to eschew the
evidence of DW1.
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CRP.PD.No.4355 of 2017
However, he has been examined as one of the witness on behalf of the defendants as DW1. Therefore, the question of eschewing the evidence of DW1 would arise only at the time of arguments. Therefore, this Court finds no irregularity or infirmity in the order passed by the court below. However, the petitioner is permitted to cross examine DW1.
date of receipt of copy of this order.
05.02.2021
Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok
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CRP.PD.No.4355 of 2017
G.K.ILANTHIRAIYAN,J.
lok
To
The Subordinate Judge,
Udhagamandalam
CRP.PD.No.4355 of 2017
05.02.2021
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2 issues framed by the court
Whether there is an irregularity in the lower court's order regarding the evidence of DW1 who deposed without a power of attorney.
Whether the petitioner is permitted to cross-examine DW1 in the underlying suit.
Sheela Suganthi
The Civil Revision Petition
Halima Bai
I.Salai Mohamed Sait
Iboo Sait
Sattar Sait
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
