A.Dayalan v. J.Deepak Gothi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(PD).No.646 of 2019 & C.M.P.No.4314 of 2019 A.Dayalan

...Petitioner

Vs J.Deepak Gothi ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 22.11.2018 passed in I.A.No.286 of 2018 in O.S.No.43 of 2013 by the IV Additional District Judge, Tiruvallur. For Petitioner :

Mr.M.Ravi Bharathi

ORDER

The above Civil Revision Petition is filed challenging the order of the IV Additional District Judge, Tiruvallur in allowing the I.A.No.286 of 2018 in O.S.No.43 of 2013 in and by which the learned Judge has allowed the petitioner/plaintiff to file an additional documents on the plaintiff's side. The suit is one for specific performance and after the evidence and cross examination of the D.W.1 and D.W.2 the impugned petition has been taken out.

2.The reason for taking out the said petition has been stated in the affidavit filed in support of the impugned order that in their oral evidence the defendants have denied all the payments that were made by the plaintiff. Taking into consideration the fact that the impugned petition has been moved immediately on the denial by the defendants, the learned

Judge has allowed the petition and granted the leave to the respondent to also cross examine the plaintiff side witnesses. I find no infirmity in the order passed by the learned IV Additional District Judge, Tiruvallur. In the result, the Civil Revision Petition stand dismissed. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is also closed.

21.02.2019 kan Index : Yes/No Speaking order/non-speaking order To, The IV Additional District Judge, Tiruvallur.

P.T.ASHA, J., kan C.R.P(PD).No.646 of 2019 & C.M.P.No.4314 of 2019 21.02.2019