The Madras High Court dismissed a Civil Revision Petition challenging a Sub-Judge's order allowing the reopening of a suit for examination of additional witnesses on the payment of costs.
The Civil Revision Petition is dismissed. No Costs. Consequently, the connected miscellaneous petition is closed.
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(PD)(MD).No.58 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
C.R.P.(PD)(MD).No.58 of 2023 and
C.M.P(MD).No.294 of 2023
M.Gnanavel
... Petitioner
Vs.
S.Balasubramanian ... Respondent
PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, to set a side the Fair and Executable order passed in I.A.No.772 of 2022 in I.A.No.541 of 2022 in O.S.No.52 of 2021 on 07.12.2022 by the Sub-Judge, Thirumangalam.
For Petitioner : Mr.Babu Rajendran
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ORDER
This Civil Revision Petition has been filed to set aside the Fair and Executable order passed in I.A.No.772 of 2022 in I.A.No.541 of 2022 in O.S.No.52 of 2021 on 07.12.2022 by the Sub-Judge, Thirumangalam.
the suit for the purpose of examining two other witnesses and the same was allowed on payment of cost of Rs.500/-(Rupees Five Hundred only) payable by the respondent/plaintiff to the petitioner on or before 10.10.2022. The respondent/plaintiff failed to pay the amount. Application in I.A.No.724 of 2022 has been filed with an allegation that this petitioner refused to receive the amount and thereafter, the said application was dismissed as withdrawn. Thereafter, the respondent/plaintiff has filed another application in I.A.No.772 of 2022 stating that since he suffered from jaundice, he was unable to pay the cost and the learned Judge allowed the petition with further cost of Rs.600/(Rupees Six Hundred only). Challenging the same, the present Civil Revision Petition has been filed before this Court.
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C.R.P(PD)(MD).No.58 of 2023
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C.R.P(PD)(MD).No.58 of 2023
herein, it will cause further delay in the process of the suit, which is pending from the year 2021.
10.01.2023
Index : Yes/No Internet : Yes Speaking/Non-speaking order tta
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C.R.P(PD)(MD).No.58 of 2023
To
Sub Court, Thirumangalam.
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C.R.P(PD)(MD).No.58 of 2023
B.PUGALENDHI, J.
tta
Order made in C.R.P.(PD)(MD).No.58 of 2023
Dated: 10.01.2023
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2 issues framed by the court
Whether the High Court should interfere with the order allowing the reopening of a suit for examination of witnesses on the payment of costs.
Whether the revisional power under Article 226 of the Constitution should be exercised to set aside the
M.Gnanavel
S.Balasubramanian
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
