M.Ganga v. K.Suriyanarayanan @ K.Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022

CORAM:

THE HON'BLE Mr. JUSTICE N.SESHASAYEE CRP(PD)No.541 of 2022 & CMP.No.2836 of 2022 1.M.Ganga 2.M.Arun 3.M.Elango 4.M.Manjula 5.B.Ranganayaki ... Respondents/Defendants Petitioners

Versus

K.Suriyanarayanan @ K.Narayanan ... Petitioner/Plaintiff Respondent PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dt.8.11.2021 passed in I.A.No.1 of 2021 in O.S.No.177 of 2017 on the file of the Principal Subordinate Judge, Chengalpattu @ Kancheepuram District. For Petitioner :

Mr.Govi Ganesan

O R D E R

This Revision is preferred challenging an order passed by the trial Court in I.A.No.1 of 2021 in OS.No.177 of 2021 permitting the respondent to recall the respondent/plaintiff as P.W.1 and to adduce some further evidence. This is now in challenge.

2.The learned counsel for the Revision Petitioner made a valiant effort to convince this Court as to why this Court has to exercise its powers under Article 227 of the Constitution.

3.This Court only likes to record that the Code of Civil Procedure provides ample free space for the trial Judge in the matter of conducting its Court. This Court in exercise of its power cannot be a bug in the neck of the trial Court and try to interfere with the statutory free space that it enjoys, unless there is some serious irregularity, impropriety or illegality in the order passed by the trial Judge. In the instant case, this Court does not find any merit to warrant an interference.

4.This Civil Revision Petition is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 03.03.2022 Index : Yes/No Speaking Order/Non Speaking Order Tsg To The Principal Subordinate Judge, Chengalpattu @ Kancheepuram District.

N.SESHASAYEE, J., Tsg CRP(PD).No.541 of 2022 03.03.2022