Pitchai v. Thondiyammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1161 of 2025 and C.M.P(MD) No.6233 of 2025

1. Pitchai

2. Nagavalli ... Revision Petitioners/ Respondents 1 and 2 Plaintiffs 1 and 2 Vs.

1. Thondiyammal

2. Thamizharasi

3. Siva

4. Balu ... Respondents 1 to 4/ Petitioners 1 to 4/ Defendants 1 to 4

5. The Sub Registrar, Thondi Sub Registrar Office, Thondi Town, Thiruvadanai Taluk, Ramanathapuram ... 5th Respondent/ 1st Respondent/ 5th Defendant 1/5

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the fair and decreetal order passed in I.A.No.570 of 2024 in O.S.No.03 of 2021 on the file of the District Munsif Court, Thiruvadanai, Ramanathapuram District, dated 04.12.2024 and to set aside the same.

For Petitioners : Mr.R.Babu Jaganath For R5 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

The plaintiffs in O.S.No. 03 of 2021 on the file of the District Munsif Court, Thiruvadanai, Ramanathapuram District, have filed the present Civil Revision Petition challenging an order wherein, the trial Court has permitted recalling of D.W.1 and to mark the originals of Ex.B1 to Ex.B.3.

2. When the evidence of defendants was closed, they have filed I.A.No.570 of 2024 to recall D.W.1 for the purpose of marking three documents. The certified copies of the three documents have already been marked as Ex.B.1 to Ex.B.3. According to the defendants, only now they were able to gather the originals of Exs.B1 to B3. Therefore, they filed this application to recall D.W.1 for the 2/5

purpose of marking these originals. This application has been allowed. Challenging the same, the present Civil Revision Petition has been filed by the plaintiffs.

3. According to the learned counsel appearing for the revision petitioners/plaintiffs, the documents are forged documents and therefore, they cannot be received in evidence. This Court is not inclined to accept the said contentions. If these documents which are sought to be marked, are forged documents it is always open to the plaintiffs to raise their objections either at the time of marking or at the time of arguments.

4. With the above said observations, this Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The District Munsif Court, Thiruvadanai, Ramanathapuram District.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

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