Kaliammal v. Indirani
Case brief
What is this about?
High Court set aside order dismissing recall witness application in 12-year-old property suit. Directs trial to conclude merit within 3 months.
What did the court decide?
Order dismissed witnesses recall application set aside. Suit to be tried on merits within 3 months.
What the court decided
1 C.R.P.(PD).No.2585 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.11.2023
CORAM:
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
C.R.P.(PD).Nos.2585 & 2586 of 2023 and C.M.P.No.15965 of 2023
- Kaliammal 2. Sundarambal 3. Maragatham ... Petitioners in both CRPs
Vs.
- Indirani 2. Udhyakumar
- Shanmugam ... Respondents in both CRPs
Common Prayers:- Civil Revision Petitions filed under Section 227 of the Constitution of India to set aside the fair and final order dated 15.09.2022 made in I.A.Nos.712 & 713 of 2022 in O.S.No.432 of 2011 on the file of the learned District Munsif of Avinashi.
Issues for consideration
3 issues framed by the court
Whether to set aside the order dismissing the application for recall of witnesses under Section 151 CPC and Order XVIII Rule 17 CPC in a property suit.
Whether to direct the trial court to try the suit on merits within a specified period.
Whether to dispose of the civil revision petitions after granting the direction to reopen the trial.
Parties & counsel
- petitioner
Kaliammal
- petitioner
Sundarambal
- petitioner
Maragatham
- respondent
Indirani
- respondent
Udhyakumar
- respondent
Case details
As recorded by the court registry
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