Madras High CourtCRP/1528/2018dismissed

Thottathayee v. Kemba Gounder

2018-04-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CRP(PD)No.1528 of 2018 and C.M.P.No.8137 of 2018 1.Thottathayee 2.Asuki .. Petitioners Vs 1.Kemba Gounder 2.Mathaiyan 3.Matheva 4.Murugan 5.Alagan 6.Siva 7.Sikkumathan .. Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and final order passed in I.A.No.1859 of 2017 in O.S.No.572 of 2014 on the file of Principal District Munsif, Bhavani, dated 02.03.2018 to set aside the same.

For Petitioners :M/s.A.Sundaravadhanan

O R D E R

This Civil Revision Petition has been filed by the petitioner/plaintiff against the fair and final order passed in I.A.No.1859 of 2017 in O.S.No.572 of 2014 on the file of Principal District Munsif, Bhavani, dated 02.03.2018.

2. The revision petitioner filed a suit against the respondent in O.S.No.572 of 2014. After commencement of the trial, he filed an application to mark documents. The application was dismissed by the trial Court under the impugned order. Feeling aggrieved by the order passed by the trial Court, the present revision petition has been filed.

3. Heard the learned counsel for the petitioner and perused the materials available on records.

4. The revision petitioner filed the suit in the year of 2014 itself and he has filed the application in the year 2017 to mark the documents that too after completion of trial petitioner filed petition to reopen the case and recall of P.W.1. Even though the petition to reopen and recall of P.W.1 were allowed, the petitioner has not satisfied the Trial Court regarding relevancy of documents to meet out

the issues involved in the case. Further he has not stated reason for non-production of the documents either at the time of institution or in earlier occasion during the course of Trial. Therefore, this court finds that no infirmity or illegality and perversity with the fair and decreetal order passed by the Court below and there is no merit in the revision. 5.In the result, the Civil Revision Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. 28.04.2018 ub To The Principal District Munsif, Bhavani.

P.VELMURUGAN, J.

ub CRP(PD)No.1528 of 2018 and C.M.P.No.8137 of 2018 28.04.2018