Madras High CourtCRP(MD)/1882/2024allowed

Kamatchi Periyasamy @ Gokul v. Natarajan

2024-10-30Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)Nos.10686, 10687 and 13216 of 2024 C.R.P.(MD)No.1882 of 2024:

Kamatchi Periyasamy @ Gokul ... Petitioner Vs.

Natarajan ... Respondent PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, against the order, dated 10.07.2024, passed in I.A.No.17 of 2024 in O.S.No. 33 of 2014, on the file of the Principal District Court, Karur. For Petitioner : Mr.P.Vadivel For Respondent : Mr.K.Suresh C.R.P.(MD)No.1883 of 2024:

Kamatchi Periyasamy @ Gokul ... Petitioner Vs.

Natarajan ... Respondent 1/5

PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, against the order, dated 10.07.2024, passed in I.A.No.18 of 2024 in O.S.No. 33 of 2014, on the file of the Principal District Court, Karur. For Petitioner : Mr.P.Vadivel For Respondent : Mr.K.Suresh C.R.P.(MD)No.2331 of 2024:

Natarajan ... Petitioner Vs.

Kamatchi Periyasamy @ Gokul ... Respondent PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, against the order, dated 31.07.2024, passed in I.A.No.19 of 2024 in O.S.No. 33 of 2014, on the file of the Principal District Court, Karur. For Petitioner : Mr.K.Suresh For Respondent : Mr.P.Vadivel ***** COMMON ORDER The revision petitioner in C.R.P.(MD)No.2331 of 2024 is filed by the defendant in the suit. The defendant had filed I.A.No.19 of 2024 to summon the Registrar to prove the execution of the document, but the said I.A.No.19 of 2024 2/5

was dismissed. Aggrieved over the same, the present civil revision petition in C.R.P.(MD)No.2331 of 2024 is filed.

2. The other two civil revision petitions are filed by the plaintiff. The plaintiff had filed I.A.No.17 of 2024 for filing additional documents. And I.A.No. 18 of 2024 was filed seeking to mark the listed documents 7 to 9. And both the interlocutory applications were dismissed and the reason stated in the impugned order is that that the suit was filed in the year 2014 and all these years, the plaintiff did not produce the documents which were in his possession. And proper reasons were not cited for not producing the documents belatedly.

3. This Court is of the considered opinion when the plaintiff is inclined to mark before the Trial could commenced and therefore the reason stated by the Trial Court is not sustainable. Therefore, this Court is inclined to allow all the civil revision petitions. The parties are directed to produce the documents and the same shall be marked as per law. The parties are at liberty to raise all grounds that are available to them.

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4. With the above said observations, the civil revision petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 30.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.Principal District Court, Karur.

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

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S.SRIMATHY, J.

Tmg 30.10.2024 5/5