The High Court directed the trial court to provide an opportunity to the petitioner to file a counter and examine documents after conceiving a fair order in a suit dispute. The court remanded the matter for appropriate orders within six months.
The trial court directed to pass appropriate orders within six months after examining parties regarding documents.
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.No. 2408 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
CRP.No. 2408 of 2023 and CMP.No. 15078 of 2023
Thangamani
... Petitioner
Versus
V. Dhanalakshmi .. Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India, prays to set aside the fair and decretal order, dated 27.04.2023 passed in I.A.No. 4 of 2023 in I.A.No. 3 of 2023 in I.A.No. 892 of 2017 in O.S.No.
1128 of 2006 on the file of the II Additional District Munsif, Salem.
For Petitioner : Mr. R. Nalliyappan
ORDER
This Civil Revision Petition has been filed seeking to set aside the fair
and decretal order, dated 27.04.2023 passed in I.A.No. 4 of 2023 in I.A.No. 3 of 2023 in I.A.No. 892 of 2017 in O.S.No. 1128 of 2006 on the file of the II
CRP.No. 2408 of 2023
Additional District Munsif, Salem.
CRP.No. 2408 of 2023
10.02.2023 is not maintainable. Furthermore, an order to receive the additional documents in evidence, is always subject to proof, relevancy and admissibility and mere allowing of the application does not dispense with the above. The petition in I.A.No. 892 of 2017 has been pending for more than five years now.
CRP.No. 2408 of 2023
date itself, without providing any opportunity to the petitioner, the Court below allowed the application on 10.02.2023. Immediately, on 24.02.2023, the petitioner herein filed an application in I.A.No. 4 of 2023 under Order 9 Rule 7 of CPC to set aside the ex-parte order dated 10.02.2023, but the Court below simply dismissed the above application as not sustainable and the same is liable to be set aside. The Court below failed to provide an opportunity to file counter in the above application before considering the application to mark additional documents. Therefore, the Court below ought to have considered that the respondent while filing the application in I.A.No. 892 of 2017, had not marked any document to substantiate the averments in the said application, whereas after six years, the respondent has filed the above application in I.A.No. 3 of 2023 to mark some documents and hence, it is just and necessary that the petitioner has to file counter in the said application and contest the same. Hence, the court below ought to have provided an opportunity to the petitioner to contest the said application. Hence, the said order is liable to be set aside.
CRP.No. 2408 of 2023
absolutely are original, which are medical records and the report of the said authority. Hence, the petitioner will be given an opportunity to defend himself to cross examine him regarding those documents of admissibility, genuinity and other evidence.
18.07.2023
Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No msm
To
1. The II Additional District Munsif, Salem.
CRP.No. 2408 of 2023
2. The Section Officer, V.R. Section, High Court, Madras.
CRP.No. 2408 of 2023
V.BHAVANI SUBBAROYAN, J.
msm
CRP.No. 2408 of 2023
18.07.2023
2 issues framed by the court
Whether the trial court ought to have provided an opportunity to file a counter before allowing the respondent's application to receive documents without hearing the petitioner.
Whether the civil revision petition seeking to set aside the ex parte order is maintainable.
2 provisions across 2 enactments
Thangamani
V. Dhanalakshmi
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
