Madras High CourtCRP(MD)/15/2018dismissed

P.Palaniyandi v. M.Saratha

2018-01-05Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED CRP(PD)(MD)No.15 of 2018 and CMP(MD)No.75 of 2018 1.P.Palaniyandi 2.P.Malaiyandi ... Petitioners/Respondents 1 & 2/Defendants 1 & 2 Vs.

1.M.Saratha ... 1st Respondent/Petitioner/Plaintiff 2.P.Ramamoorthy 3.R.Eswari 4.Irulayee 5.M.Amudha 6.M.Nagarajan 7.M.Malliga 8.M.Jeyanthi 9.M.Kalaimani 10.M.Chandrakala 11.R.Lakshmi 12.R.Rathi ... Respondents 2 to 12/Respondents 3 to 13/ Defendants 3 to 11 PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order dated 22.09.2017 passed in I.A.No.454 of 2017 in O.S.No.797 of 2012 pending on the file of the learned Principal Sub Judge, Madurai and set aside the same.

For Petitioners : Mr.D.Malaichamy For Respondents : Mr.M.S.Balasubramania Iyer

ORDER

The learned counsel for the petitioners and the learned counsel for the respondents are present.

2.Heard both sides.

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3.The present revision is preferred against the order passed by the trial Court appointing an Advocate Commissioner to examine the plaintiff in the house of the plaintiff''s sister at No.3, Mudaliar South Street, Tallakulam, Madurai 2 due to the inconvenience and also the ailments of the plaintiff.

4.The learned counsel for the revision petitioner submitted that the plaintiff is suffering age related ailments, however, she has falsely stated that she is unable to come to Court for giving evidence. However, there is no prejudice to examine the plaintiff in the presence of the defendants and their counsel before the Advocate Commissioner.

5.Considering the facts and circumstances of the case, this Court is not inclined to interfere with the impugned order passed by the trial Court. Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Principal Sub Judge, Madurai.

+1cc to M/S.D.MALAICHAMY, Advocate SR.No.40763. CRP(PD)(MD)No.15 of 2018 and CMP(MD)No.75 of 2018 05.01.2018 vsa SDS/GT/SAR 4/29.01.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/