Disposed

Samuthiram v. Murugeshwari

Madras HC10 Feb 2023CRP(MD)/2194/2022

Case brief

AI extract

What is this about?

The Madras High Court disposed of two civil revision petitions challenging the trial Court's order allowing a plaintiff to recall a witness and mark documents during the evidence stage. Finding no illegality given that evidence was not closed, the Court held defendants could raise pleas regarding document genuineness later. Both petitions were disposed of.

What did the court decide?

Both Civil Revision Petitions disposed of; no order as to costs; connected miscellaneous petition closed.

Samuthiram Vs Murugeshwari — Property and Title | Madras HC (2023)

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C.R.P.(PD)(MD).Nos.2194 and 2195 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.02.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P.(PD)(MD)Nos.2194 and 2195 of 2022 and C.M.P(MD) No.10219 of 2022 in C.R.P(MD) No.2194 of 2022

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C.R.P(MD) No.2194 of 2022: 1. Samuthiram 2. Thangarasu ... Petitioners/Respondents/ Defendants -vs1. Murugeshwari 2. Guruvammal .... Respondents/Petitioners/Plaintiffs

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 13.06.2022 passed in I.A.No.1 of 2020 in O.S.No.258 of 2012 on the file of the learned Additional Sub Court, Srivilliputhur.

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For Petitioners : Mr.M.P.Senthil For Respondents : Mr.Porkodikarnan M/s.Polex Legal Solutions

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1/5

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

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C.R.P.(PD)(MD).Nos.2194 and 2195 of 2022

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C.R.P(MD) No.2195 of 2022:

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Samuthiram 2. Thangarasu ... Petitioners/Respondents/ Defendants -vs1. Murugeshwari 2. Guruvammal .... Respondents/Petitioners /Plaintiffs

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 13.06.2022 passed in I.A.No.2 of 2020 in O.S.No.258 of 2012 on the file of the learned Additional Sub Court, Srivilliputhur.

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For Petitioners : Mr.M.P.Senthil For Respondents : Mr.Porkodikarnan M/s.Polex Legal Solutions

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C O M M O N O R D E R

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The present Civil Revision Petitions have been filed by the defendants

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in the suit for partition in O.S.No.258 of 2012 on the file of the Additional Sub-Court, Srivilliputhur.

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

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C.R.P.(PD)(MD).Nos.2194 and 2195 of 2022

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2. When the plaintiffs' side evidence was going on after the closure of

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P.W.1, P.W.1 had filed I.A.Nos.1 of 2020 and 2 of 2020 to recall himself to

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mark four documents. Both the applications have been allowed by the trial Court. Challenging the same, the present Revision Petitions have been filed.

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3. According to the learned counsel appearing for the petitioners, the plaintiffs have not assigned any reason for marking and the relevancy for producing documents, genuineness and validity of the documents. Without ascertain genuineness and validity of the documents, these documents could not be marked. Hence, he prayed for allowing the revision petitions.

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4. Considering the fact that the plaintiffs' side evidence has not been closed and the plaintiffs wanted to recall himself as P.W.1 and to mark certain documents, this Court does not find any illegality or infirmity in the order passed by the trial Court in allowing the applications. However, the defendants are at liberty to raise the plea relating to the relevancy, validity and genuineness of documents sought to be marked.

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

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C.R.P.(PD)(MD).Nos.2194 and 2195 of 2022

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5. Subject to the above said observations, both the Civil Revision Petitions are disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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10.02.2023

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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The Additional Sub Court, Srivilliputhur.

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

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C.R.P.(PD)(MD).Nos.2194 and 2195 of 2022

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R.VIJAYAKUMAR,J.

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ebsi

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C.R.P(PD)(MD)Nos.2194 and 2195 of 2022

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10.02.2023

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5/5

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

Samuthiram v. Murugeshwari

Case brief

What is this about?

What did the court decide?

Samuthiram v. Murugeshwari

Case brief

What is this about?

What did the court decide?

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