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Madras High CourtA/4291/2023allowed

Mr.K.Bala Venkatesh And Another v. Mrs.S.Pramila

2023-08-28Honourable Mr Justice A.A.Nakkiran2 pages

A.Nos.4291, 4293 & 4294 of 2023 in C.S.No.194 of 2015 A.A.NAKKIRAN, J.

A.No.4291 of 2023 has been filed to re-open the suit for the purpose of recalling DW1 for making the original lawyer's notice dated 30.09.2014 issued on behalf of Mr.Sundaravadivelu to Mr.Bala Venkatesh. A.No.4292 of 2023 has been filed to grant leave to the applicants/defendants to file original lawyer's notice dated 30.09.2014 issued on behalf of Mr.Sundaravadivelu to Mr.Bala Venkatesh. A.No.4293 of 2023 has been filed to re-call DW1 for the purpose of marking the original lawyer's notice dated 30.09.2014 issued on behalf of Mr.Sundaravadivelu to Mr.Bala Venkatesh.

2. Heard both sides.

3. Learned counsel for the respondents has strongly opposed to marking of the documents stating that the legal notice is not a relief to this case. It is related to some other transaction.

4. Considering the facts and circumstances of the case, in the interest of justice and being satisfied with the reasons stated in the affidavits filed in https://www.mhc.tn.gov.in/judis support of these applications, these applications are allowed.

A.A.NAKKIRAN, J.

gv

5. Registry is directed to list the matter before the learned Additional Master-I, for recording evidence on 05.09.2023.

6. The learned Additional Master-I is directed to complete the witness and return the bundles to the court immediately after recording evidence. Gv 28.08.2023 A.Nos.4291, 4293 & 4294 of 2023 in C.S.No.194 of 2015 https://www.mhc.tn.gov.in/judis