Pappayal(Died) v. Eeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP.Nos.13972, 13974, 13977, 14014, 14006, 14018 of 2023 and CMP.No.21249 of 2019 Pappayal (Died) 1.Marappa Gounder 2.Loganathan ... Petitioners in both CRPs Vs.

1.Eeswari Ramasamy (Died) 2.Nallasamy 3.Salem Tollways Limited, Having its registered office at 23/3RT, Vijaya Nagar Colony, Hyderabad, Andhrapradesh 500057, Rep. by its Deputy General Manager M.Srinivasa Reddy S/o Mallikaraju Reddy 4.Elango 5.Rajathi 6.Shanthi Deivasigamani (Died) 7.Nallasivam 8.Annapoorani 9.V.Parimaladevi 1/4

10.Shanmugam 11.S.Banupriya 12.Nallammal 13.Selvi 14.Kalaivani 15.Saravanakumar ... Respondents in both CRPs (Respondents 3 to 15 not appeared and set expartee, hence notice to Respondents 3 to 15 may dispensed with) COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the Fair and Decreetal orders dated 22.08.2019 passed I.A.Nos.8 and 9 of 2019 in O.S.No.69 of 2009 on the file of Subordinate Court, Perundurai, Erode District is liable to be set aside.

(In both CRPs) For Petitioners : Mr.Shankar for Mr.V.Regunathan For Respondents : Mr.A.Sundaravadanam (for R1 & R2) R3 to R15 - Exparte (Notice Dispensed With) COMMON ORDER These revisions arise against the order dismissing the applications filed to re-call and re-open the evidence of DW1. 2.When the matter was taken up today, Mr.Shankar, learned counsel appearing for Mr.V.Regunathan, learned counsel on record for the petitioners submitted that he has already taken steps to restore the suit 2/4

which had been dismissed for default and notice had been ordered returnable by three weeks on 11.09.2023.

3.This fact is not disputed by Mr.A.Sundaravadanam, learned counsel for the respondents 1 and 2, but he would point out that the Civil Revision Petitions have become infructuous, in any event, because DW1, the person whom the petitioner wants to re-call and re-open the evidence is no more. A person who is dead cannot be re-called as it is beyond the power of the Court. Therefore, there is no question of keeping the revisions pending.

4.Recording the statement of Mr.A.Sundaravadanam, both the civil revision petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are also dismissed. 15.09.2023 Index:Yes/No Speaking Order :Yes/No vs 3/4

V.LAKSHMINARAYANAN,J.

vs To The Subordinate Court, Perundurai, Erode District.

and CMP.Nos.13972, 13974, 13977, 14014, 14006, 14018 of 2023 and CMP.No.21249 of 2019 15.09.2023 4/4