Ganesan v. Malliga

C.M.P. No.3759 of 2022 in C.R.P. No.675 of 2019 C.M.P. No.3759 of 2022 in C.R.P. No.675 of 2019 S.S.SUNDAR, J., This petition is filed permit the petitioner to seek clarification in the order dated 13.12.2021, made in the above Civil Revision Petition.

2. Heard Mr.T.Dhanasekaran, learned counsel for the petitioner.

3. This Court has rejected the application filed under Order 41 Rule 27 C.P.C. for reception of additional documents only on the ground that the document which is sought to be produced as additional evidence is neither registered nor stamped and therefore, the document is not admissible. Learned counsel for the petitioner now seeks modification of the order so as to enable the petitioner to mark document after the document is duly stamped.

4. This Court cannot modify the order which was passed on merits. There is also a legal impediment that by impounding the document, the document cannot be automatically admitted in evidence as it is also unregistered. The petitioner did not file a document before the lower Court. Since the document is filed only along with the application for reception of additional document, this Court is unable to accept that the order needs a correction or modification to advance the cause of justice. Therefore, the civil miscellaneous petition is dismissed.

22.04.2022 bkn https://www.mhc.tn.gov.in/judis

C.M.P. No.3759 of 2022 in C.R.P. No.675 of 2019 S.S.SUNDAR, J., bkn C.M.P. No.3759 of 2022 in C.R.P. No.675 of 2019 22.04.2022 https://www.mhc.tn.gov.in/judis