Jayanthi v. Subramaniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.20011 of 2022 Jayanthi

...Petitioner

Versus

Subramaniyan ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to direct the Subordinate Court, Tiruvarur to set aside and dispose of the above I.A.No.22/2022 in O.S.No.44 of 2020 as fixed by this Court in accordance with law.

For Petitioner : M/s.J.Jyothi O R D E R The Civil Revision Petition is filed challenging the order passed by the Court below allowing the petition filed by the respondent/plaintiff to condone the delay in filing certain documents.

2. The respondent herein filed a suit for recovery of possession. Pending suit, the instant application has been filed by the respondent seeking to condone the delay in filing certain documents, which were not filed along with the plaint.

The said petition was resisted by the revision petitioner herein on the ground that the documents sought to be produced now are not at all relevant and related to the suit property.

3. The Court below allowed the application on the ground that the proof and relevancy of the documents can be decided by the Court only at the time of trial and allowed the application. In view of the above, this Court does not find any error in the order passed by the Court below in allowing the petition to condone the delay in filing documents. When the documents are sought to be marked by the respondent at the time of trial, it is always open to the revision petitioner to raise his objections with regard to the marking of the documents.

4. With these observations, the Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2022 nti Index: Yes/ No Speaking Order / Non-Speaking Order

To The Subordinate Court, Tiruvarur.

S.SOUNTHAR , J.

nti 22.11.2022