Kumarasamy v. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) Nos.2817 and 2818 of 2017 and C.M.P.Nos.13320 and 13321 of 2017 1.Kumarasamy 2.Anbazhagan

...Petitioners in both C.R.Ps.

Vs.

Venkatesh ... Respondent in both C.R.Ps.

Prayer: Civil Revision Petitions have been filed under Article 227 of the Constitution of India praying to set aside the Fair and Final Orders dated 16.06.2017 made in I.A.Nos.196 and 197 of 2017, respectively, in O.S.No.597 of 2014 on the file of the Court of II Additional Subordinate Judge, Erode by allowing this Civil Revision Petition. For Petitioners : Mr.C.E.Pratap C O M M O N O R D E R As against the dismissal of I.A.Nos.196 and 197 of 2017, respectively in O.S.No.597 of 2014 to mark an additional document, the revision petitioners preferred the above revision petitions. http://www.judis.nic.in

M.GOVINDARAJ, J nl

2. This Court has already issued direction to the trial Court to dispose of the suit within the time stipulated. At this juncture the petitioner has filed a petition to mark additional documents. The trial Court has perused the document. But the document sought to be marked has neither been referred in the written statement nor in the proof affidavit. It is well settled principle that any amount of evidence, without pleadings is waste and the same can not be accepted. In the instant case, the document is sought to be marked without any pleadings at the fag and of the trial. The reason stated for the delay is not acceptable. In such circumstances the findings of the trial Court is correct and does not call for any inference.

3. With this observation, the Civil Revision Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

10.08.2017 nl To The II Additional Subordinate Judge, Erode.

C.R.P.(PD) Nos.2817 & 2818 of 2017 and C.M.P.Nos.13320 & 13321 of 2017 http://www.judis.nic.in