Allowed

A.Sagayamary, v. Christopher

Madras HC16 Oct 2023CRP(MD)/2665/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed two Civil Revision Petitions filed under Article 227, setting aside impugned orders that rejected applications to reopen a case and recall a witness for cross-examination, directing the lower court to proceed with the trial within three months.

What did the court decide?

Impugned orders set aside; trial Court directed to number petitions, hear parties, and complete trial within three months.

A.Sagayamary, Vs Christopher — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P.(MD)Nos.2665 & 2666 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.10.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)Nos.2665 and 2666 of 2023 and C.M.P(MD)No.13887 of 2023

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1.A.Sagayamary 2.R.Arokiyasamy : Petitioners/Petitioners/Defendants (in both petitions)

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Vs.

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Christopher : Respondent/Respondent/Plaintiff (in both petitions)

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Prayer in C.R.P.(MD)No.2665 of 2023 : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order in I.A.No.SR 3722 of 2022 in O.S.No.933 of 2019 passed by the District cum Judicial Magistrate, Srirangam, dated 11.11.2022 and direct the District cum Judicial Magistrate, Srirangam to number the I.A.No.SR 3722 of 2022 and decide the same on merits.

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Prayer in C.R.P.(MD)No.2666 of 2023 : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order in I.A.No.SR 3729 of 2022 in O.S.No.933 of 2019 passed by the District cum Judicial Magistrate, Srirangam, dated 11.11.2022 and direct the

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C.R.P.(MD)Nos.2665 & 2666 of 2023

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District cum Judicial Magistrate, Srirangam to number the I.A.No.SR 3729 of 2022 and decide the same on merits.

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(in both petitions) For Petitioner : Mr.K.P.Narayanakumar

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COMMON ORDER

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These Civil Revision Petitions are directed against the order of rejecting the petitions, one to reopen the case and the other to recall P.W.1 for further cross examination.

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The learned counsel for the petitioners would submit that earlier, the petitioners have filed an application to recall P.W.1 and the same was allowed on 27.04.2022; that P.W.1 was cross examined in part on 27.07.2022 and P.W.1 was not cross examined subsequently and lastly the evidence was closed on 17.08.2022 and that therefore, the petitioners were constrained to file the above application to recall P.W.1 for further cross examination.

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The learned counsel for the petitioners would submit that the learned trial Judge, by observing that after allowing the petition to recall

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C.R.P.(MD)Nos.2665 & 2666 of 2023

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P.W.1, on 27.07.2022, the petitioners have not chosen to cross examine the

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witnesses and on that basis, the evidence was closed on 17.08.2022.

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Since the rejection orders are not in accordance with law, the same are liable to be set aside. Accordingly, the impugned orders in I.A.Nos.SR 3722 and 3729 of 2022 in O.S.No.933 of 2019 passed by the District cum Judicial Magistrate, Srirangam, dated 11.11.2022, are set aside. The learned District cum Judicial Magistrate, Srirangam, is directed to number the petitions and hear both the parties and then pass orders in accordance with law. Subject to the result of the above applications, the trial Court is directed to complete the trial and dispose of the same within a period of three months thereafter.

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In the result, these Civil Revision Petitions are allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

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16.10.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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C.R.P.(MD)Nos.2665 & 2666 of 2023

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1.The District cum Judicial Magistrate, Srirangam.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)Nos.2665 & 2666 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in C.R.P.(MD)Nos.2665 and 2666 of 2023 and C.M.P(MD)No.13887 of 2023

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Dated : 16.10.2023

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A.Sagayamary, v. Christopher

Case brief

What is this about?

What did the court decide?

A.Sagayamary, v. Christopher

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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