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Madras High CourtCRP(MD)/1544/2024disposed of

N.Kannan v. A.Palanicamy

2024-07-15Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Kannan ... Petitioner/Petitioner/ Defendant vs.

A.Palanisamy ... Respondent/Respondent/Plaintiff Prayer:- Civil Revision Petition filed under Section 227 of the Constitution of India, to set aside the order passed by the Additional District Court, Karur in I.A.No.1 of 2024 in O.S.No.33 of 2019 dated 25.03.2024.

For Petitioner : Mr.S.Ramsundarvijayraj

ORDER

The Civil Revision Petition is filed aggrieved by the order dated 25.03.2024 made in I.A.No.1 of 2024 in O.S.No.33 of 2019 on the file of the Additional District Court, Karur. 1/4

2.The prayer in the interlocutory application is to scrap the documents which are already marked as Exs.X.1 to X.44. On perusal of the affidavit filed in support of the interlocutory application, it can be seen that the grievance of the petitioner is that when the petitioner raised a contention regarding the source for advancing the money, these documents were subsequently summoned on behalf of the plaintiff and marked. The defendant contends that the documents do not relate to the relevant period and are absolutely irrelevant regarding the contention taken.

3.Once the documents are summoned and marked, the relevancy is always a subject matter of argument and the defendant can always argue that nothing contained in Exs.X.41 to X.44 relate to the relevant period and that those documents are irrelevant for the purpose of consideration of the suit and for the said purpose, the documents already marked need not be scrapped or thrown away from the file of the Court. Therefore, keeping open the rights of the defendant to argue relating to the relevancy and proof and contents of 2/4

the documents in the course of the arguments, this application is rightly been rejected by the trial Court and accordingly, is finding no merits, the Civil Revision Petition is disposed of. No costs. 4.Considering the fact that the suit is of the year 2019, the learned Additional District Judge, Karur, is requested to take up the same for expeditious disposal and dispose of the same, in any event not later than six months from the date of receipt of a copy of this order.

15.07.2024 NCC : Yes / No sji To The Additional District Court, Karur.

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D.BHARATHA CHAKRAVARTHY, J.

sji C.R.P.(PD)(MD)No.1544 of 2024 15.07.2024 4/4