Revision petition filed to set aside an order admitting additional documents. Court undisposed the matter on hearing that documents were already marked and granted liberty to dispute them during cross-examination.
Civil Revision Petition disposed with liberty to dispute documents during cross-examination; connected Misc. Petition closed.
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CRP PD(MD)No.2165 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.2165 of 2022 and CMP(MD) No.10038 of 2022
1.M.Raja 2.C.Selvakumar
Vs
1.K.P.P.Athiyarajan 2.P.Athignanakumaran ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the order in I.A.No.7 of 2022 in O.S.No.204 of 2018 passed by the learned Additional District Munsif, Thirumangalam and set aside the same.
For Petitioner : Mr.K.Jeganathan For Respondents : Mr.D.Senthil
O R D E R
As against the order passed by the learned Additional
District Munsif, Thirumangalam in I.A.No.7 of 2022 in O.S.No.204 of
2018, dated 23.09.2022, this Civil Revision Petition is filed.
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CRP PD(MD)No.2165 of 2022
2.The petitioner as a plaintiff has filed the suit in O.S.No. 204 of 2018 for the relief of redemption of Mortgage Deed. Pending the suit, the defendant filed I.A.No.7 of 2022, to mark certain additional documents. The trial Court allowed the application by its order dated 23.09.2022. Aggrieved over the same, the present Civil Revision Petition is filed.
3.Today(24.01.2023), when the matter is taken up for
hearing, the learned counsel on either side submit that pending this Civil Revision Petition, the documents which are sought to be marked have already been marked before the trial Court.
4.In view of the submission made by either side counsel, this Civil Revision Petition is disposed of with a liberty to the petitioner to dispute the documents during cross examination. The trial Court shall consider the relevancy of the documents, before deciding the issue.
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CRP PD(MD)No.2165 of 2022
5.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
24.01.2023
Index : Yes / No. Internet : Yes / No. vrn To The Additional District Munsif, Thirumangalam
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CRP PD(MD)No.2165 of 2022
B.PUGALENDHI, J.
vrn
Order made in CRP(MD)No.2165 of 2022 and CMP(MD) No.10038 of 2022
24.01.2023
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2 issues framed by the court
Whether to set aside the trial court's order allowing the defendants to mark additional documents.
Whether the retrial court can admit documents already marked pending the revision petition.
M.Raja
C.Selvakumar
K.P.P.Athiyarajan
P.Athignanakumaran
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
