Latchumi v. Chandrasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2021

CORAM:

THE HONOURABLE MRS. JUSTICE S.KANNAMMAL C.R.P.(PD).Nos.2220 to 2222 of 2017 and CMP.No.10572 of 2017 Latchumi

...Petitioner in all the Petitions

Versus

Chandrasekar

...Respondent in all the Petitions

COMMON PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal orders dated 22.03.2017 passed in I.A.Nos.190, 191 & 192 of 2017 in O.S.No.717 of 2004 on the file of Principal District Munsif's Court, Cuddalore. For Petitioner :

M/s.R.Meenal (For all the petitions) For Respondent : Mr.D. Ravichandar (For all the petitions)

COMMON ORDER These Civil Revision Petitions have been filed by the petitioner against the fair and decretal orders dated 22.03.2017 passed in I.A.Nos.190, 191 & 192 of 2017 in O.S.No.717 of 2004 on the file of Principal District Munsif's Court, Cuddalore.

2.The learned counsel for the petitioner would submit that she has filed these petitions to re-open, re-call and to mark the documents and the trial Court without considering the same, dismissed these petitions on the ground that these petitions are filed belatedly.

3.Per Contra, the learned counsel for the respondent would submit that the suit itself was filed for declaration of title and recovery of possession and when the suit was posted on 15.03.2017 for argument after the entire evidence was over the petitioner herein has filed present petitions for reopening, recalling P.W.1 and marking of documents. The documents sought to be marked are only ration card and voter ID and the trial Court having considered that those documents are well available with the petitioner during the time of trial rightly dismissed those petitions which were filed belatedly. As admitted,

the petitioner herein has filed a suit for declaration of his title and recovery of possession. Obviously, the documents like ration card and voter ID would not be helpful for the petitioner to prove his title and the trial Court has rightly dismissed those petitions which were filed belatedly. Hence, this Court does not find any merits in these petitions and these petitions deserves dismissed. However, it is made clear that the trial Court shall prove the case on merits without being influenced by any of the observation made by this Court. 4.Accordingly, these Civil Revision Petitions are dismissed. No costs. Consequently connected miscellaneous petition is closed. 24.11.2021 gbi Index: Yes/ No Speaking Order / Non-Speaking Order To The Principal District Munsif's Court, Cuddalore.

S.KANNAMMAL , J., gbi C.R.P.(PD).Nos.2220 to 2222 of 2017 24.11.2021