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Madras High CourtCRP/678/2024allowed

Kumararani Meena Muthiah v. South India Corporation Pvt Ltd

2024-03-06Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Mrs.Kumararani Meena Muthiah ... Petitioner Vs.

1.South India Corporation Pvt. Ltd., Having Registered Office at Rani Seethai Hall Building, 6th Floor, No.603, Anna Salai, Chennai- 06.

Represented by its Authorised Signatory, V.Muthu.

2.M.A.M.M.Annamalai 3.S.Pushparaj ...Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order in IA No.1 of 2023 in OS No.10 of 2016, dated 20.07.2023 passed by the learned District Judge, Nilgiris at Udagamandalam and to dismiss the said IA. For Petitioner : Mr.R.Srinivas Senior Counsel for Mr.S.Adaikkappan For Respondent :Mr.V.Raghavachari Senior Counsel for Mr.T.Balaji

O R D E R

The civil revision petition is filed to set aside the docket order in IA No.1 of 2023 in OS No.10 of 2016, dated 20.07.2023 passed by the learned District Judge, Nilgiris at Udagamandalam and to dismiss the said IA.

2. When the matter was taken up, learned counsel for the parties conceded that on 20.07.2023, the application filed under Order XVII Rule 14 (3) CPC in IA No.1 of 2023 was allowed without notice to the revision petitioner.

3. Learned Senior Counsel for the petitioner submits that the grievance of the petitioner is that his objection was not recorded while marking documents EX A8 to A12. In his absence, it has been recorded. Therefore, he seeks for an opportunity to the petitioner to file his objection.

4. Learned Senior Counsel for the respondents also conceded for

filing of petitioner's objection and to continue the cross examination.

5. Recording the same, the docket sheet order dated 20.07.2023 is set aside and the petitioner is permitted to file his objection for the marked document Ex A8 to A12 and the merit of the documents already marked will be decided at the time of considering the suit on merits.

6. With this, the civil revision petition is allowed.

7. The Trial Court is directed to complete the trial, within a period of eight months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, CMP No.3428 of 2024 is closed. 06.03.2024 Index: Yes/No Internet: Yes/No mrn Issue order copy by 07.03.2024

To The District Judge, Nilgiris at Udagamandalam V.SIVAGNANAM , J.

mrn

06.03.2024