← Library
Madras High CourtCRP/1514/2016dismissed

R.Balamurugan v. Valarmathi,

2016-06-06Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) Nos.1514 & 1515 of 2016 and C.M.P.No.8287 of 2016 R.Balamurugan ... Petitioner [in both C.R.Ps.] vs Valarmathi ... Respondent [in both C.R.Ps.] Civil Revision Petitions filed under Article 227 of the Constitution of India against the orders and decreetal orders dated 18.02.2016 passed in I.A.Nos.67 and 68 of 2016 in O.S.No.148 of 2010 on the file of Sub Court, Mettur respectively.

For Petitioner :

Mr.L.Mouli [in both C.R.Ps.] * * * * * C O M M O N O R D E R These revisions challenge the order of learned Sub Judge, Mettur, passed in I.A.Nos.67 and 68 of 2016 in O.S.No.148 of 2010 on 18.02.2016 respectively.

2.Heard learned counsel for petitioner.

3.The respondent / plaintiff has moved O.S.No.148 of 2010 seeking a direction to the defendant to pay a sum of Rs.3,37,775/- along with an interest of 12% per annum from the date of filing of the suit till the date of decree and subsequent interest of 6% per annum from the date of the decree till the date of realization.

4.Petitioner is the defendant in the suit. Petitioner moved I.A.Nos.67 and 68 of 2016 seeking a direction to reopen (evidence) and recall the respondent / plaintiff. In dismissing such applications, the Court below has taken into consideration the position that the petitioner / defendant in his written statement had informed of the respondent / plaintiff being a total stranger to him, had not pleaded incapacity of the respondent / plaintiff to lend monies and that in the course of cross examination, the respondent / plaintiff had admitted to have borrowings from several banks. Following the order of this Court passed in C.R.P.No.2897 of 2012 dated 20.03.2014, the Court below has noted that the suit was to be disposed of within a time frame. This Court finds no reason to interfere with the order under challenge.

5.These Civil Revision Petitions are dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 06.06.2016 Index : Yes / No Internet : Yes sri To The Sub Court, Mettur.

C.T.SELVAM, J sri Civil Revision Petition (PD) Nos.1514 & 1515 of 2016 06.06.2016