Thangarasu, v. Balasubramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.384 of 2018 and C.M.P.(MD).No.1707 of 2018 Thangarasu

...Petitioner/Petitioner/

Defendant Vs.

1.Balasubramanian 2.Rani

...Respondents/Respondents/

Plaintiffs Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order and decree, dated 02.02.2018 passed in I.A.No.889 of 2017 in O.S.No.282 of 2011, on the file of the Principal District Munsif Court, Manapparai, Trichy District.

For Petitioner : Mr.B.Prahalad Ravi For R1 : Mr.R.R.Kannan R2 : No Appearance

O R D E R

This Civil Revision Petition is filed against the order dated 02.02.2018 passed in I.A.No.889 of 2017 in O.S.No.282 of 2011, on the file of the Principal District Munsif Court, Manapparai, Trichy District.

2.The learned counsel for the petitioner submitted that the petitioner has filed an application in I.A.No.889 of 2017 before the Principal District Munsif, Manapparai, to file 7 documents on the side of the petitioner, which was returned on 02.02.2018 by the learned Judge on the ground that the unregistered document has been negated for admission into the evidence. Challenging the said order, the present civil revision petition has been filed. 3.I have heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials placed before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 4.A perusal of the order passed by the learned Judge, would

show that filing of document Nos. 1 to 6 is not correct. The document No.1 is sale deed, dated 07.11.1973, which is an unregistered one, is not acceptable. Therefore, the Document No.1 is returned and in respect of the other documents, this Court is of the view that in respect of Document Nos.2 to 6, the learned Judge ought to have accepted the same. Therefore, I am inclined to pass the following order:

The Civil Revision Petition is partly allowed and the learned Judge is directed to accept the Document Nos.2 to 6 and to proceed with the trial and dispose of the suit in O.S.No.282 of 2011, within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (WRITS) /True Copy/ Sub Assistant Registrar (CS-II) To The Principal District Munsif, Principal District Munsif Court, Manapparai, Trichy District.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.B.Prahalad Ravi Advocate in Sr.No.77621. +1CC to Mr.RR.Kannan Advocate in Sr.No.77081. NS DS KAK SAR-2 ;30.08.2018; 2P/6C C.R.P.(PD)(MD)No.384 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/