Elumalai v. Mohan
Case brief
What is this about?
Plaintiff in a 2011 permanent injunction suit sought to reopen the case under Section 151 CPC at the arguments stage to examine another witness, without giving details. The trial court dismissed it; the High Court found no infirmity and dismissed the revision, directing disposal within three months.
What the court decided
C.R.P.No.956 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.R.P.No.956 of 2023 and C.M.P.No.7117 of 2023
Elumalai
...Petitioner
vs.
- Mohan
- Babu ... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 19.07.2019 in I.A.No.568 of 2019 in O.S.No.642 of 2011 on the file of the Additional District Munsif, Alandur and consequently allow the I.A.No.568 of 2019.
Issues for consideration
1 issue framed by the court
Was the trial court's dismissal of the plaintiff's Section 151 CPC application to reopen the suit for further witness examination perverse?
Parties & counsel
- petitioner
Elumalai
- respondent
Mohan
- respondent
Babu
Coram
Case details
As recorded by the court registry
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