C.Chella Baskar v. Lilly Joyace
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.8731 of 2024 C.Chella Basker ... Petitioner/Petitioner/Plaintiff Vs.
1.Lilly Joyace 2.Jospeh Samraj 3.Kantha Leela 4.Saraswathi 5.Ganesa Murugan 6.V.L.V.S.Kanakaraj Seenivasagam (Died) Gnanamuthu (Died) 7.Jeyaseelan 8.Vasanthi Chandira (Died) 9.Chellaiah 10.Selvin 11.Kamalaveni 12.Ranjitham 13.Piyula Helan 1/4
14.Premsanth 15.Jebastiyan 16.Regina 17.Arputharaj 18.Navamani 19.Simson 20.Kalins
21. Gunasekaran ... Respondents/Respondents/ Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 05-06-2024 made in I.A.No.28 of 2024 in O.S.No.316 of 2011 on the file of the Additional District Munsif, Sankarankovil and allow the revision. For Petitioner : Mr.D.Rajkumar For Respondents : Mr.S.Malaikani for R1 & R2. Mr.F.X.Eugene for R3, R4 & R6 Mr.S.Thiagarajan for R9, R10, R12 to R21 * * *
O R D E R
The plaintiff in O.S.No.316 of 2011 on the file of the Additional District Munsif Court, Sankarankovil is the revision petitioner herein. He filed I.A.No.28 of 2024 for recalling as many as six official witnesses. Vide order 2/4
dated 05.06.2024, the said I.A. was dismissed. Challenging the same, this civil revision petition came to be filed.
2.Heard the learned counsel on either side.
3.Paragraph No.20 of the impugned order clearly mentions that without taking steps to send for and summon the documents from the office of the jurisdictional Tashildar, no purpose will be served in re-examining the witnesses. This reason given by the Court below is well founded. It is for the petitioner to take appropriate steps to send for and summon the documents as mentioned in Paragraph No.20 of the impugned order. Since the aforesaid reason is well founded, I decline to interfere with the impugned order. 3.With the aforesaid liberty, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias 3/4
G.R.SWAMINATHAN, J.
ias To:
The Additional District Munsif Court, Sankarankovil.
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