The Madras High Court dismissed a Civil Revision Petition under Article 226 challenging the admission of documents. The Court held that giving the petitioner an opportunity to object during evidence marking was sufficient and declined further interference.
Civil Revision Petition dismissed; liberty allowed to raise objection during document marking.
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.
C.R.P.(MD)No.2641 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2641 of 2023
and C.M.P.(MD)No.13769 of 2023
S.T.R.Sundaravadivel ... Petitioner/ Respondent/ Plaintiff
Vs.
S.Kathiresan ... Respondent/ Petitioner/ Defendant
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 11.08.2023 in I.A.No.323 of 2023 in O.S.No.1006 of 2018 on the file of 1st Additional Sub Court, Madurai District and allow the Civil Revision Petition.
For Petitioner : Mr.N.Ganesh
ORDER
The Civil Revision is directed against the order passed in I.A.No.
323 of 2023 in O.S.No.1006 of 2018 dated 11.08.2023 on the file of the 1st
C.R.P.(MD)No.2641 of 2023
Additional Sub Court, Madurai, allowing the petition filed under Order 8 Rule 3(A) of C.P.C., for receiving the document.
C.R.P.(MD)No.2641 of 2023
the revision petitioner is at liberty to raise his objection at the time marking the said document and the learned trial Judge is directed to consider the same in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.
13.10.2023
NCC :yes/No Index :yes/No Internet:yes/No csm
To
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
C.R.P.(MD)No.2641 of 2023
K.MURALI SHANKAR,J.
csm
Order made in C.R.P.(MD)No.2641 of 2023 and C.M.P.(MD)No.13769 of 2023
Dated : 13.10.2023
2 issues framed by the court
Whether the High Court should interfere with the order of the trial court allowing the admission of documents.
Whether the revision petitioner should be given an opportunity to object while the document is being marked.
2 provisions across 2 enactments
S.T.R.Sundaravadivel
S.Kathiresan
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
