B.Banumathi v. J.Balaji
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.04.2025 Coram:
The Honourable Mr.Justice C.SARAVANAN Application No.1781 of 2025 in C.S.No.71 of 2025 B.Banumathi ...Applicant
Versus
1.J.Balaji 2.Prakash Babu (Strike Out) 3.Aslam Khan 4.Velmurugan 5.Venkatesh (Strike Out) 6.S.Raj 7.Samraj (Died) 8.Babu (Died) 9.Chinnadurai 10.Arjun Sharma (Strike Out) 11.Murugan 12.Padmanaban 13.Poonkuzhali 14.Dhanam
...Respondents
Prayer:
Application filed under Order XVI Rule 7 of C.P.C r/w. Section 15 of C.P.C praying to issue a Subpoena to the Headmaster, I.C.F. Higher Secondary School, Chennai - 600 038 to produce or cause to be produced the following necessary documents namely, 1/5
(1) Transfer Certificate of S.Banumathi for the year 1968-1969 issued by the ICF Higher Secondary School, Chennai - 600 038.
(2) Bonafide Certificate of S.Banumathi for the year 1968-1969 issued by the Headmistress, ICF Higher Secondary School, Chennai - 600 038.
(3) Question and Answer Papers of the Entrance Examination conducted by the ICF Higher Secondary School, Chennai - 600 038 for the admission for VI Standard for the Academic Year 1968-1969. (i) Question and Answer Papers of Tamil Examination (ii) Question and Answer Papers of English Examination (iii) Question and Answer Papers of Mathematics (iv) Any other subjects Question and Answer Papers conducted by the above said School, touching and relating to the Petitioner/Plaintiff which are very important to prove the Petitioner's/Plaintiff's claim put forth in the above C.S.No.71 of 2025 pending on the file of this Court. For Applicant :
Mr.S.Gowri Shankar For Respondents - 1 & 12 :
Mr.R.Ganesh
ORDER
This Application has been filed by the Applicant/Plaintiff in C.S.No.71 of 2025 (formerly O.S.No.1881 of 2020) for issuance of Subpoena to the Headmaster, I.C.F. Higher Secondary School, Chennai - 600 038 to produce or cause to be produced the following necessary documents:
2/5
(1) Transfer Certificate of S.Banumathi for the year 1968-1969 issued by the ICF Higher Secondary School, Chennai - 600 038.
(2) Bonafide Certificate of S.Banumathi for the year 1968-1969 issued by the Headmistress, ICF Higher Secondary School, Chennai - 600 038.
(3) Question and Answer Papers of the Entrance Examination conducted by the ICF Higher Secondary School, Chennai - 600 038 for the admission for VI Standard for the Academic Year 1968-1969. (i) Question and Answer Papers of Tamil Examination (ii) Question and Answer Papers of English Examination (iii) Question and Answer Papers of Mathematics (iv) Any other subjects Question and Answer Papers conducted by the above said School, touching and relating to the Applicant/Plaintiff which are very important to prove the Applicant's/Plaintiff's claim put forth in the above C.S.No.71 of 2025 pending on the file of this Court.
2. The Applicant/Plaintiff herein is the Defendant in T.O.S.No.4 of 2024 (formerly O.P.No.38 of 2023). The Respondents 1 & 12 herein are Plaintiffs in T.O.S.No.4 of 2024. The Respondents 2 to 11, 13 & 14 herein are stated to be tenants who were in occupation of the property which is the subject matter of C.S.No.71 of 2025.
3. The learned counsel for the Respondents 1 & 12 submitted that he has no serious objection to this Application being allowed. 3/5
4. Having been satisfied with the reasons stated in the affidavit filed in support of this Application and also, considering the no objection expressed by the learned counsel for the Respondents 1 & 12, this Application is ordered as prayed for.
5. Registry is directed to issue summons to the Headmaster, I.C.F. Higher Secondary School, Chennai - 600 038, within a period of two weeks from today.
07.04.2025 mrr Index : Yes/No Speaking Order (or) Non Speaking Order 4/5
C.SARAVANAN, J.
mrr Application No.1781 of 2025 in C.S.No.71 of 2025 07.04.2025 5/5