Disposed

Mrs.M.Chandrabai v. B.Santi and 2 others

Madras HC25 Mar 2022A/1243/2022

Case brief

AI extract

What is this about?

Allowed applications to reopen evidence and recall a witness in a main original petition pending since 2016, citing pandemic-induced delays. Directed registration before Additional Master-1 with evidence recording to be completed by 7.4.2022.

What did the court decide?

Orders allowed; matter listed before Additional Master-1 on 08.04.2022; evidence recording to be completed by 07.04.2022.

Mrs.M.Chandrabai Vs B.Santi and 2 others — Civil Procedure and Limitation | Madras HC (2022)

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A.Nos.1243 & 1244 of 2022 in O.P.No.584 of 2016

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P.VELMURUGAN, J.

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These application are filed by the applicant/second respondent to

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reopen the evidence and to recall the second respondent's witness to let in evidence in O.P.No.584 of 2016.

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Originally this petition was filed against the third respondent herein. Thereafter, the applicant/second respondent was impleaded in the main original petition by order dated 06.02.2018 passed in A.No.8244of 2017. Before the learned Master, the petitioners' side evidence as well as the respondents' side evidence was closed on 21.12.2021.

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Since there is a pandemic situation for the past two years, all the parties and counsel are taking advantage, even though the Court was running through Virtual Mode. This petition was pending for the past five years only for recording evidence. However, in order to give opportunity to the applicant, these applications are allowed.

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Registry is directed to refer the matter before the learned

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1/3 https://www.mhc.tn.gov.in/judis

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Additional Master-1 for recording evidence on the side of the second respondent in the main petition and since the matter is pending from the year 2016, both the parties are directed to appear before the learned Additional Master-1 on 30.03.2022 and the applicant/ second respondent is directed to serve the proof affidavit for chief examination well in advance before the counsel for the petitioner in the main Original Petition and also directed to file the proof affidavit before the learned Master on 30.03.2022.

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The petitioner counsel is directed to cross examine the second

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respondent on the same day. For any further evidence and production of documents, without any delay they have to do so on the next day itself. However, recording of evidence on the side of the second respondent will have to be completed on or before 07.04.2022.

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List the matter on 08.04.2022.

25.03.2022

P.VELMURUGAN, J.

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A.Nos.1243 & 1244 of 2022 in O.P.No.584 of 2016

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25.03.2022

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3/3 https://www.mhc.tn.gov.in/judis

Mrs.M.Chandrabai v. B.Santi and 2 others

Case brief

What is this about?

What did the court decide?

Mrs.M.Chandrabai v. B.Santi and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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