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Madras High CourtCRP/3732/2016dismissed

Indhirani v. Sumathy

2016-12-01Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.3732 of 2016 and CMP.No.18926 of 2016 1.Indhirani 2.Raasumani

...Petitioners

versus 1.Sumathy 2.Kumaravel 3.Ranjini

...Respondents

PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 12.08.2016 made in I.A.No.574 of 2015 in O.S.No.96 of 2013 on the file of learned District Munsif cum Judicial Magistrate Court, Kodumudi. For Petitioners : Mr.R.Prabakar For Respondents : Mr.C.Munusamy for R1

O R D E R

The first respondent filed an application in I.A.No.574 of 2015 to direct the third respondent to produce the document dated 05.12.2011. The application was allowed by the Trial Court. The order is under challenge at the instance of defendants 1 and 2 in O.S.No.96 of 2013.

2. Heard the learned counsel for the petitioners and the learned counsel for the first respondent, who is on caveat.

3. The document dated 05.12.2011 has already been referred to by the first respondent in the plaint. It is true that there was no effort taken by the first respondent earlier to produce the document in question. The application was to direct the third respondent to produce the document. There is no challenge to the order at the instance of the third respondent. Such being the factual position, the petitioners were not justified in filing the revision petition against the order in I.A.No.574 of 2015.

4. The learned Judge having found that there was a reference in the plaint with respect to the document in question, rightly allowed the application. I do not find any error or illegality warranting interference by exercising the revisional jurisdiction under Article 227 of the Constitution.

5. In the up shot, I dismiss the civil revision petition. No costs. Consequently, connected miscellaneous petition is closed. 01.12.2016 Index : Yes/No svki To The District Munsif cum Judicial Magistrate Court, Kodumudi.

K.K.SASIDHARAN, J.

(svki) C.R.P.(P.D.) No.3732 of 2016 01.12.2016 http://www.judis.nic.in