Madras High CourtCRP/2511/2016dismissed

M.Neelamegam v. A/M.Marundeeswarar Temple

2016-08-23Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2511 of 2016 and C.M.P.No.12944 of 2016 M.Neelamegam S/o.Mudaliappa Chettiar ... Petitioner vs A/m.Marundeeswarar Temple, represented by its Executive Officer, East Coast Road, Thiruvanmiyur, Chennai.

... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned V Assistant Judge, City Civil Court, Chennai, passed in I.A.No.4149 of 2016 in O.S.No.2810 of 2008 on 21.07.2016. For Petitioner : Mr.S.Mohanasundararajan *****

O R D E R

This revision arises against the order of learned V Assistant Judge, City Civil Court, Chennai, passed in I.A.No.4149 of 2016 in O.S.No.2810 of 2008 on 21.07.2016.

2. Respondent/plaintiff filed O.S.No.2810 of 2008 on the file of learned V Assistant Judge, City Civil Court, Chennai, seeking delivery of vacant possession of property and for damages. Petitioner/defendant filed I.A.No.4149 of 2016 seeking rejection of the plaint. The Court below, under the impugned order, dismissed such application. There against, the present revision has been filed.

3. Heard learned counsel for petitioner.

4. The prime contention raised by learned counsel for petitioner is that in dismissing the application which sought the relief of rejection of plaint, Court below has taken note of a Government Gazette. Learned counsel submits that once a document relied on by plaintiff is not filed in keeping with Or.7 R.14(3) CPC, the same cannot be produced except with permission of the Court

concerned.

5. What has been relied upon by the Court below is a public document. A Court may take judicial notice thereof.

The Civil Revision Petition shall stand dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 23.08.2016 Index:yes/no Internet:yes gm To The V Assistant Judge, City Civil Court, Chennai.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.2511 of 2016 23.08.2016