Poonkothai v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD) Nos.1779, 1780 & 1781 of 2017 and C.M.P.Nos.8337, 8338, 8339, 8340 & 8341 of 2017 Poonkothai ... Petitioner in all CRPs Vs.

Ganesan ... Respondent in all CRPs.

Common Prayer :- Civil Revision Petitions are filed under Section 115 of C.P.C., to set aside the order dated 21.03.2017 passed in I.A.Nos. 201, 202 & 203 of 2017 respectively in O.S.No.28 of 2008 on the file of the learned Additional Subordinate Judge, Puducherry.

For Petitioner in all CRPs : Mr.P.Veeraraghavan For Respondent in all CRPs : Mr.B.Baskaran COMMON ORDER These Civil Revision Petitions have been filed as against the fair and decreetal orders dated 21.03.2017 passed by the learned Additional Subordinate Judge, Puducherry, in I.A.Nos. 201, 202 & 203 of 2017 in

O.S.No.28 of 2008 respectively, thereby dismissing the petitions to reopen the petitioner side, to condone the delay in filing the list of witness and to issue summons to the petition mentioned witnesses to give evidence. 2.

The petitioner is the plaintiff and the respondent is the defendant. The petitioner filed suit for damages towards the damages caused to the suit property with interest. The suit is filed in the year 2008. The plaintiff's side evidence was closed on 05.10.2016 and thereafter the defendant's side witness D.W.1 was examined. At that juncture, the petitioner came forward with the petition to re-open and to permit to examine PWD Executive Engineer and also called for some documents. 3.

It is seen that already the petitioner marked Ex.A.1 to Ex.A.9 issued by PWD. In this regard, the petitioner also cross examined by the respondent herein. The present petition has been filed after the period of nine years from the date of filing of the suit. Therefore, it is nothing but after thought and only to delay the suit proceedings, the present petitions have been filed. Further when the suit was posted for arguments, the

petitioner filed these present petitions. Therefore, the trial Court rightly dismissed the petitions and this Court finds no illegality or irregularity or infirmity in the order passed by the Court below. 4.

Accordingly, all the Civil Revision Petitions are dismissed. The trial Court is directed to complete the trial and dispose the suit in O.S.No.28 of 2008, within a period of three months from the date of receipt of copy of this Order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 05.03.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Additional Subordinate Judge, Puducherry.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

C.R.P.(PD) Nos.1779, 1780 & 1781 of 2017 and C.M.P.Nos.8337, 8338, 8339, 8340 & 8341 of 2017 05.03.2021