High Court of Madras allowed two Civil Revision Petitions filed under Article 226. The Court set aside the order of the Principal District Munsif dismissing the petitioners' applications to mark additional documents in a pending civil suit.
I.A No. 1 & 2 of 2022 in O.S No. 51 of 2014 is allowed; the impugned order of the Trial Court is set aside.
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CRP. No. 2222 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2222 & 2225 of 2023 and CMP No. 13496 of 2023
Sarathambal (Died) 1.Urani @ Maharajan 2.Shanmugam @ Shanmugasundaram
...Petitioners in both petitions
Vs.
....Respondent in both petitions
PRAYER in CRP No. 2222 of 2023 : This petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order in I.A No. 2 of 2022 in O.S No. 51 of 2014 on the file of the learned Principal District Munsif, Ulunthurpet, Kallakurichi District, Dated 06.03.2023 as illegal, incompetent without jurisdiction and liable to be set aside.
PRAYER in CRP No. 2225 of 2023 : This petition filed under Article 227
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CRP. No. 2222 of 2023
of the Constitution of India, to set aside the order and decreetal order in I.A No. 1 of 2022 in O.S No. 51 of 2014 on the file of the learned Principal District Munsif, Ulunthurpet, Kallakurichi District, Dated 06.03.2023 as illegal, incompetent without jurisdiction and liable to be set aside.
For Petitioner : Mr.M.Muruganantham (in both petitions)
COMMON ORDER
These petitions have been filed to set aside the order and decreetal order in I.A No. 1 & 2 of 2022 in O.S No. 51 of 2014 on the file of the
learned Principal District Munsif, Ulunthurpet, Kallakurichi District, Dated 06.03.2023
suit but the Trial Court dismissed the said application. Challenging the same, the petitioners filed this petition.
applications to mark the certain additional documents, the Trial Court dismissed the said applications stating that the petitioners were not assigned
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proper reasons to mark the documents. On seeing the facts of the case, if the opportunity is not given to the petitioner to mark those documents, his valuable right to defend the case will be defeated. Hence, the order passed by the Trial Court in I.A No. 1 & 2 of 2022 in O.S No. 51 of 2014 is set aside. Thus, I.A No. 1 & 2 of 2022 in O.S No. 51 of 2014 is allowed.
Consequentially, connected miscellaneous petitions are closed.
13.12.2023
pbl
To The Principal District Munsif, Ulunthurpet, Kallakurichi District.
T.V.THAMILSELVI,J.
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CRP. No. 2222 of 2023
Pbl
CRP No. 2222 & 2225 of 2023 and CMP No. 13496 of 2023
13.12.2023
4
2 issues framed by the court
Whether to allow a Civil Revision Petition setting aside the Trial Court's dismissal of an application to mark additional documents in a civil suit.
Whether the Trial Court's order denying petitioners the opportunity to mark documents defeated their right to defend the case.
Urani @ Maharajan
Shanmugam @ Shanmugasundaram
Shajathi
Velmurugan
Kala
Muthu
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
