A.Jerald v. Ponnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and CMP(MD)No.4360 of 2024 A.Jerald

...Petitioner/Petitioner/Defendant

Vs.

Ponnan

...Respondent/Respondent/Plaintiff

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 12.02.2024 passed in I.A.NO.5 of 2023 in O.S.No.430 of 2020 on the file of the learned Subordinate Judge, Manapparai.

For Petitioner : Mr.A.Joel Paul Antony

O R D E R

This revision is filed to set aside the order dated 12.02.2024 passed in I.A.NO.5 of 2023 in O.S.No.430 of 2020 on the file of the learned Subordinate Judge, Manapparai.

2. I.A.No.5 of 2023 was filed by the petitioner for production of Case Diary containing the complaint, First 1/5

Information Report, documents and the statement of witnesses. The respondent raised strong objection by stating that the First Information Report has already been marked as Ex.B.3 and the petitioner can get true copy of the complaint from the concerned police. After hearing rival submissions, the trial court has dismissed the petition. Hence, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that the trial court failed to consider that no prejudice would be caused to other side, if the petition is allowed. He would further submit that the petitioner could not establish the case without getting the relevant documents, which were sought for by the petitioner. Hence, he prays for setting aside the order.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

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5. A perusal of the order passed by the trial court would show that the petitioner has not produced any document to prove that his petition to get certified copy of the document was rejected. Further, the petitioner has not averred as to how the documents sought for will be helpful to the case of the petitioner. There is a delay of 3 years in filing the petition also. In view of the above stated reasons, the trial court has rightly dismissed the petition.

6. I am of the view that there is no reason to interfere with the order of the trial court. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

28.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To

1. The Subordinate Judge, Manapparai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G. ILANGOVAN, J.

CM and CMP(MD)No.4360 of 2024 28.03.2024 5/5