Madras High CourtCRP(MD)/500/2022dismissed

S.A.C.Malaichamy @ Alagan v. Jeganathan

2022-03-15Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.500 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P(MD).No.500 of 2022 S.A.C. Malaichamy @ Alagan : Petitioner / Petitioner/ Plaintiff Vs.

Jeganathan : Respondent/ Respondent/ Defendant PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and executable order passed in I.A.No.148 of 2021 in O.S.No.467 of 2019 by the Subordinate Judge, Melur, dated 12.08.2021.

For petitioner : Ms.V. Maragathavel

ORDER

The revision petitioner / plaintiff has filed this revision to set aside the order, dated 12.08.2021 passed in I.A.No.148 of 2021 in O.S.No.467 of 2019 by the Subordinate Judge, Melur.

2. Heard the learned counsel appearing for the petitioner. Since no adverse order passed against the respondent no notice is necessary to the respondent.

3. The said Interlocutory Application filed by the petitioner / plaintiff to grant permission to examine the Village Administrative Officer as witness on the side of the plaintiff. However, The plaintiff has not stated any reason for examining the Village Administrative Officer.

4. The suit is for damages and in the Interlocutory Application the petitioner has called for certain documents and all the documents were marked through PW.1. So, without any proper pleadings the petitioner cannot seek permission to examine the Village Administrative Officer on the side of the plaintiff. Further, the plaintiff has to prove his case through the documents. So, the Subordinate Judge, Melur has rightly dismissed application. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.500 of 2022 Hence, this Court is not inclined to interfere with the order passed by the Court below.

5. Accordingly, the Civil Revision Petition is dismissed by confirming the order dated 12.08.2021 passed in I.A.No.148 of 2021 in O.S.No.467 of 2019 by the Subordinate Judge, Melur. No costs. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Subordinate Court, Melur.

C.R.P(MD).No.500 of 2022 15.03.2022 TRP MS/24.03.2022/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2