Madras High CourtCRP(MD)/542/2021allowed

Ilayaraja v. Chandrasekaran

2022-03-16Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.542 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P(MD).No.542 of 2021 and CMP(MD).No.2892 of 2021 1.Ilayaraja 2.Senthilkumar : Petitioner/ Petitioner/ Defendant Vs.

Chandrasekaran : Respondent/ Respondent/ Plaintiff PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order in I.A.No.43 of 2019 in O.S.No.383 of 2018, dated 04.03.2021 on the file of the District Munsif Cum Judicial Magistrate, Alangudi. For petitioner : Ms.A.Banumathy For Respondents : Mr.D.Rameshkumar

ORDER

The revision petitioners / defendants filed this revision to set aside the order, dated 04.03.2021 passed in I.A.No.43 of 2019 in O.S.No.383 of 2018, on the file of the District Munsif Cum Judicial Magistrate, Alangudi.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The revision petitioner / 2nd defendant has filed the said I.A.No.43 of 2019 under Order 8 Rule 1 CPC to reopen the case for defendants side evidence, which was dismissed for default and on the same day the defendants side evidence was closed.

4. Since the defendants side evidence is not let in already, one once chance has to be given to the defendants to adduce their evidence.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.542 of 2021 and

5. Accordingly, the Civil Revision Petition is allowed by setting aside the order, dated 04.03.2021 passed in I.A.No.43 of 2019 in O.S.No.383 of 2018, on the file of the District Munsif Cum Judicial Magistrate, Alangudi. The defendants are directed to give their evidence before the trial Court on 25.04.2022. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To The District Munsif Cum Judicial Magistrate, Alangudi.

+1 CC to M/s.A.BANUMATHY, Advocate ( SR-12940[F] dated 18/03/2022 ) C.R.P(MD).No.542 of 2021 and CMP(MD).No.2892 of 2021 16.03.2022 TRP MS/24.03.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2