Sountharam v. Muthu Gounder @ Muthusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.13106 of 2019 Sountharam ... Petitioner in all CRPs Vs.

1. Muthu Gounder @ Muthusamy

2. Athiyappan ... Respondents in all CRPs Common Prayer :- Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 27.09.2018 made in I.A.Nos.346, 356 & 365 of 2018 in O.S.No.98 of 2015 on the file of the learned Subordinate Court, Perambalur. For Petitioner in all CRPs : Mr.K.S.Karthik Raja For Respondents in all CRPs For R1 : Mr.C.Munusamy For R2 : No appearance

COMMON ORDER These Civil Revision Petitions have been filed as against the fair and decreetal order dated 27.09.2018 passed by the learned Subordinate Court, Perambalur, in I.A.Nos.346, 356 & 365 of 2018 in O.S.No.98 of 2015, thereby dismissing the petitions filed by the petitioner to reopen plaintiff side evidence and recall P.W.1 also to receive the documents. 2.

The petitioner is the plaintiff in the suit in O.S.No.98 of 2015 filed for partition as against the respondents herein. Though the petitioner was examined as P.W.1, after closing the evidence, when the suit was posted for arguments, she came forward with the petitions to reopen plaintiff side evidence and recall P.W.1 also to receive the documents. The trial Court dismissed all the petitions as against which, the petitioner filed the present Civil Revisions Petitions.

3.

Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioner and Mr.C.Munusamy, learned counsel appearing for the first respondent.

4.

On a perusal of the affidavit filed before the trial Court, it is seen that the petitioner did not whisper about what are the documents would be received by the trial Court. Further the reasons stated in the affidavit are all vague and bald. That apart, the petitions were filed at the time of arguments. Therefore, the trial Court rightly dismissed the petitions to reopen plaintiff side evidence and recall P.W.1 also to receive the documents. This Court finds no infirmity or illegality in the order passed by the Court below.

5.

Accordingly, all the Civil Revision Petitions are dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

12.12.2022 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To The Subordinate Court, Perambalur.

and C.M.P.No.13106 of 2019 12.12.2022