R. Velmurugan v. R. Meganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and C.M.P.Nos.20727, 20760, 21038 and 21039 of 2021 R.Velmurugan .. Petitioner in all the CRPs.

Vs.

R.Meganathan .. Respondent in CRP.No.2867 of 2021 D.Govindaraj .. Respondent in CRP.No.2875 of 2021 S.Premkala .. Respondent in CRP.No.2928 of 2021 R.Harikrishnan .. Respondent in CRP.No.2929 of 2021 PRAYER in all the CRPs: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the learned Additional District Munsif Court, Vellore to direct the plaintiff to produce the originals of the documents mentioned in notice to produce documents filed by the defendant on 09.09.2020 in O.S.No.18 of 2019, O.S.No.90 of 2019, O.S.No.28 of 2019 and O.S.No.30 of 2019 respectively on the file of Additional District Munsif, Vellore by allowing the present Civil Revision Petition. Page No.1/4

For Petitioner : Mr.A.Gowthaman in all the CRPs ******** C O M M O N O R D E R These four Revisions have been filed questioning the orders made in the memos filed by the petitioner seeking copies of the documents filed along with the plaint. The trial Court has recorded the statement of the counsel that the documents will be provided and closed the memos.

2. Mr.A.Gouthaman, learned counsel appearing for the petitioner in all these Revisions would contend that without furnishing copies, the Court has proceeded to make the ex parte injunction granted absolute.

3. I do not think that these Civil Revision Petitions can be entertained. If despite notice to produce, the plaintiff does not produce the documents, all that the Court can do is to draw adverse inference against the plaintiff or the party who fails to comply with the notice requiring him to produce the documents. The Court cannot withhold an order merely because the party Page No.2/4

fails to produce documents. It is well open to the petitioner to file applications for granting certified copies and obtain certified copies, if they are really interested.

4. The trial Court has recorded the undertaking of the counsel to produce the documents. I do not see any error of jurisdiction or irregularity in the orders passed by the trial Court on these memos. Therefore, the Revisions fail and are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

03.01.2022 dsa Index : No Internet :Yes Speaking order To The Additional District Munsif, Vellore.

Page No.3/4

R.SUBRAMANIAN, J.

dsa 03.01.2022 Page No.4/4