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Madras High CourtCRP(MD)/1258/2021dismissed

G.Ramdoss, v. Shanthi,

2022-04-12Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD)No.1258 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD)No.1258 of 2021 and C.M.P.(MD).No.7257 of 2021 G.Ramdoss

...Petitioner/Petitioner/

Respondent/Plaintiff Vs.

Shanthi

...Respondent/Respondent/Petitioner/

1st Defendant PRAYER: Civil Revision Petition under Section 115 of Civil Procedure Code, to set aside the fair and final order passed by the Principal Sub Court, Madurai in I,A.No.60 of 2020 in I.A.No.6 of 2020 in O,S.No.1070 of 2012 dated 26.02.2021.

For Petitioner :Mr.N.Tamil Kani for M/s.Veil Kani Raju For Respondent :Mr.S.Saravanakumar

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order, passed by the learned Principal Sub Judge, Madurai in I.A.No.60 of 2020 in I.A.No.6 of 2020 in O.S.No.1070 of 2012, dated 26.02.2021.

2. The parties are referred to as per the rank mentioned before the Court below.

3. The plaintiff / revision petitioner herein has filed an interlocutory application in I.A.No. 60 of 2020 in I.A.No.6 of 2020 in O,S.No.1070 of 2012 before the Principal Sub Judge, Madurai, under Order 8 Rule 1 (3A) and Section 151 C.P.C. to receive some documents to be marked on his side. The said petition was dismissed on 26.02.2021 by the learned Judge. Aggrieved over the said order, the revision petitioner is before this Court.

4. Heard on either side and perused the material documents available on record.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.1258 of 2021

5. The 1st defendant / respondent herein has filed an interlocutory application in I.A.No.6 of 2020 to examine her husband / 5th defendant on her behalf as a witness, since she is not well. The fifth defendant / husband of the first defendant can depose on behalf of his wife. These documents are not at all necessary for deciding the issue in the suit.

6. Therefore, this Court is of the view that there is no valid reason to allow the said Interlocutory Application.

7. In the result, this Civil Revision Petition is dismissed and the fair and decreetal order, passed by the learned Principal Sub Judge, Madurai in I,A.No.60 of 2020 in I.A.No.6 of 2020 in O.S.No.1070 of 2012, dated 26.02.2021, is confirmed. No Costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To The Principal Subordinate Judge, Madurai.

+1 CC to M/s.M. VEILKANI RAJU, Advocate ( SR-18215[F] dated 12/04/2022 ) +1 CC to M/s.R. SURIYA NARAYANAN, Advocate ( SR-18212[F] dated 12/04/2022 ) C.R.P.(MD)No.1258 of 2021 12.04.2022 RK(26/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2