Rajeswari v. Munusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN C.R.P.Nos.736, 737 & 738 of 2020 and C.M.P.No.3870 of 2020 Rajeswari .. Petitioner/Plaintiff in all CRPs Vs.

1. Munusamy

2. Manikandan .. Respondents/Defendants in all CRPs Prayer: Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the orders passed by the learned Additional Subordinate Judge, Tindivanam made in I.A.Nos.481, 482 and 483 of 2018 respectively in O.S.No.194 of 2016, dated 15.11.2019.

For Petitioner : Mr.P.Dinesh Kumar - - - - - C O M M O N O R D E R Present revisions have been filed against the order dismissing the petitioner's applications to reopen, recall and for marking certain additional documents.

2. Petitioner is the plaintiff in the suit for partition. Already, the trial was over and the suit is listed for arguments. At this stage, the present applications have been filed to mark the sale deed in favour of the petitioner, encumbrance certificate and death certificates of her grandfather and mother. The said applications came to be dismissed by the trial Court. Now, challenging the same, present revisions have been filed.

3. Heard the learned counsel appearing for the petitioner and also perused the records carefully.

4. The present applications have been filed to reopen, https://hcservices.ecourts.gov.in/hcservices/

recall and for marking certain additional documents after the trial was over and when the matter is listed for arguments. The trial Court after considering the materials dismissed all the applications on the ground that the documents which were sought to be marked by the petitioner will no way help her in the suit and therefore there is no necessity to mark the said documents. I do not find any illegality or irregularity in the same. There is no merit in the revisions and the same are liable to be dismissed and accordingly dismissed. As the trial is over and the suit is listed for arguments, the learned Additional Subordinate Judge, Tindivanam is directed to dispose of the suit in O.S.No.194 of 2016, on merits and in accordance with law, after giving opportunity to both the parties, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk To The Additional Subordinate Judge, Tindivanam.

+1cc to Mr.P.Dinesh Kumar, Advocate, Sr.No.14893 C.R.P.Nos.736, 737 & 738 of 2020 and C.M.P.No.3870 of 2020 NMI(CO) GS(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/