The MADRAS HIGH COURT dismissed revisions filed by defendants challenging the trial court's rejection of their applications to reopen evidence and cross-examine the plaintiff in a partition suit involving disputed property rights and pending redemption proceedings.
Revisions dismissed; no costs awarded.
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(MD)Nos.753 and 754 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 09.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(MD)Nos.753 and 754 of 2020 and C.M.P(MD)No.5012 of 2020
In both petitions:
1.Phanuvel
2.Sam Sobitharaj
3.Loy Rabooli
4.Suraj Immanuel
5.Lyla Kumari ... Petitioners/Petitioners/Defendants
Vs.
1.Sam Justin ...1st Respondent/Respondent/Plaintiff 2.K.M.Vijayakumar 3.K.M.Jeyachandra ...Respondents 2 & 3/
Respondents/Defendants 6 & 7
PRAYER: Civil Revision Petitions are filed against the fair and decreetal order dated 20.02.2020 passed in I.A.Nos.2 and 3 of 2020 in O.S.No. 5 of 2016 on the file of the Principal District Munsif, Kuzhithurai.
In both petitions:
For Petitioners : Ms.J.Anandhavalli For R2 & R3 : Mr.M.P.Senthil For R1 : No appearance
C O M M O N O R D E R
These two revisions are filed by the defendants 1 to 5 in O.S.No. 5 of 2016. Challenge is to the order of the trial court dismissing two applications filed by the defendants 1 to 5 seeking to re-open the evidence of the plaintiff and recall P.W.1 for cross examination.
1/3
CRP(MD)Nos.753 and 754 of 2020
No.4357/1965 dated 18.09.1965.
2/3
CRP(MD)Nos.753 and 754 of 2020
proceedings and cling on to the possession of the property. I do not think any useful purpose would be served by re-opening the evidence of P.W.1 to enable cross examination by the first defendant.
Assistant Registrar (AE)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Cm/msa
To:
1.The Principal District Munsif, Kuzhithurai.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2C)
+2 CC to M/s.J.ANANDA VALLI, Advocate ( SR-4207[F],4208 dated 10/02/2021 )
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-4167[F] dated 10/02/2021 )
C.R.P(MD)Nos.753 and 754 of 2020 and C.M.P(MD)No.5012 of 2020 09.02.2021
MJ(CO) KK(03.03.2021) 3P 7C
3/3
2 issues framed by the court
Whether the High Court should allow revisions against the order dismissing applications to reopen evidence and recall witness for cross-examination.
Whether the defendants were acting bona fide or merely attempting to delay suit disposal in a partition suit involving disputed redemption claims.
Phanuvel
Sam Sobitharaj
Loy Rabooli
Suraj Immanuel
Lyla Kumari
Sam Justin
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
