Madras High CourtCRP(MD)/1510/2016allowed

V.M.S.Amirdeen, v. V.M.S.Chakravarthi,

2018-09-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD) No.1510 of 2016 and C.M.P.(MD) No.7379 of 2016 V.M.S.Amirdeen ... Petitioner/Petitioner/Plaintiff -Vs1.V.M.S.Chakravarthi 2.V.M.S.Muthu Arafa

...Respondents/Respondents/Defendants

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 12.02.2016 passed in I.A.No.637 of 2015 in O.S.No.31 of 2013 on the file of the District Munsif Court, Tiruchendur. For Petitioner :

Mr.M.C.Swamy For R2 :

Mr.Arumugam for Mr.C.Christopher

O R D E R

The plaintiff in O.S.No.31 of 2013 on the file of the District Munsif Court,Tiruchendur, is the revision petitioner herein. He filed I.A.No.637 of 2015 under Order 7 Rule 14 of C.P.C. The said Interlocutory Application was dismissed by the order dated 12.02.2016. Questiong the same, this Civil Revision Petition has been filed.

2.The learned counsel for the respondent rightly pointed out that absolutely no reason has been assigned in the affidavit filed in support of I.A.No.637 of 2015 and that is why the court below has dismissed the said Interlocutory Application. 3.Though the submission of the learned counsel for the respondent is undoubtedly sound and correct, this Court is of the view that opportunity can be given to the revision petitioner. After all the suit is for partition. The documents that are sought to be produced are only revenue records. The court below can receive the same subject to proof and relevancy. https://hcservices.ecourts.gov.in/hcservices/

4. With these observations, the order impugned in this Civil Revision Petition is set aside. This Civil Revision Petition

is allowed. No costs. Consequently, connected C.M.P.(MD) No.7379 of 2016 is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-IV) To,

1. The District Munsif Court, Tiruchendur.

2. The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.C.Christopher, Advocate Sr.No.84832 CM VB/SKN/SAR4/02.11.2018/2P/5C C.R.P.(PD)(MD) No.1510 of 2016 and C.M.P.(MD) No.7379 of 2016 14.09.2018 https://hcservices.ecourts.gov.in/hcservices/