Partly allowed

S. Roobakala v. K.K.Ramasubramaniyaraja

Madras HC19 Mar 2024CRP(MD)/893/2023

Case brief

AI extract

What is this about?

The High Court condoned the delay in producing documents in a pending suit, imposing a cost of Rs.2,500 on the petitioner. The court directed the trial court to dispose of the long-pending case strictly following the guidelines of the R.O.C. circular dated 15.05.2009. The revision petition was disposed of accordingly.

What did the court decide?

Delay condoned on payment of Rs.2,500 as cost; trial court directed to dispose of pending suit per R.O.C. circular guidelines.

S. Roobakala Vs K.K.Ramasubramaniyaraja — Civil Procedure and Limitation | Madras HC (2024)

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C.R.P.(MD)No.893 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.03.2024

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CORAM

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THE HON'BLE MR.JUSTICE G.ILANGOVAN

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C.R.P.(MD)No.893 of 2023 and C.M.P.(MD).No.4107 of 2023

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S.Roobakala

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... Petitioner/Petitioner/ 2^nd Defendant

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Vs.

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K.K.Ramasubramaniyaraja ... Respondent/Respondent/ Plaintiff

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PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 28.02.2023 passed in I.A.No.8 of 2023 in O.S.No.205 of 2012 on the file of the learned Additional District and Sessions Judge, Srivilliputhur.

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For Petitioner : Mr.M.P.Senthil

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For Respondent : Mr.K.PKrishnadoss

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ORDER

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This revision petition has been filed set aside the fair and decreetal

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order, dated 28.02.2023 passed in I.A.No.8 of 2023 in O.S.No.205 of 2012 on the file of the learned Additional District and Sessions Judge, Srivilliputhur.

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

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C.R.P.(MD)No.893 of 2023

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2.The above said interlocutory application was filed by the petitioner to condone the delay in producing the document under Order 8 Rule 1A(3) of CPC. That was dismissed by the trial Court. The reason for dismissal is that those documents were not pleaded by the petitioner in the written statement. The learned counsel for the petitioner submitted that those documents were pleaded in the additional written statement filed by him in the month of November 2018 itself. That was also observed by this Court at the time of making the order of remand.

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3.Even though, the learned counsel for the respondent would submit that the suit is of the year 2012, still it is dragging on, because of the delay on the part of the revision petitioner. Since those documents are already pleaded in the additional written statement, the inconvenience that has been caused by the petitioner to the respondent may be compensated by way of cost.

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4.Accordingly, the petitioner is directed to pay a sum of Rs.2,500/to the respondent. Considering the oldness of the matter, there shall be a

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

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C.R.P.(MD)No.893 of 2023

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direction to the trial Court to dispose of the case by following by strictly

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following the guidelines issued in Circular of this Court in R.O.C.No.

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1599-A/2009/B5, dated 15.05.2009.

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5.With the above said directions, this civil revision petition stands

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disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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19.03.2024 Index : Yes / No Internet : Yes / No TM

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1.The Additional District and sessions Judge, Srivilliputhur.

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2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

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3/4

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C.R.P.(MD)No.893 of 2023

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G.ILANGOVAN ,J.

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C.R.P.(MD)No.893 of 2023

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19.03.2024

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

S. Roobakala v. K.K.Ramasubramaniyaraja

Case brief

What is this about?

What did the court decide?

S. Roobakala v. K.K.Ramasubramaniyaraja

Case brief

What is this about?

What did the court decide?

What the court decided

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