Madras High CourtCRP(MD)/2046/2023disposed of

S.Ramesh v. Anithakumari

2024-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.2046 of 2023 and C.M.P(MD)No.10280 of 2023 S.Ramesh ... Petitioner Vs Anithakumari ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 24.07.2023 passed in I.A.No.8 of 2023 in S.O.P.No.5 of 2021 on the file of the Principal District Judge, Kanyakumari District at Nagercoil by allowing this Civil Revision Petition.

For Petitioner : Mr.V.Meenakshisundaram For Respondent : Mr.P.Thiyagarajan 1/4

ORDER

This Civil Revision Petition is filed to set aside the fair and decreetal order dated 24.07.2023 passed in I.A.No.8 of 2023 in S.O.P.No.5 of 2021 on the file of the Principal District Judge, Kanyakumari District at Nagercoil by allowing this Civil Revision Petition.

2. Against the order passed by the trial Court allowing the petition filed by the respondent herein, seeking to mark the documents as Ex.P.1 to Ex.P17, this Civil Revision Petition came to be filed. Along with chief and affidavit, those documents were produced before this Court. According to the learned counsel for the revision petitioner, when the advocate is not available in the Court hall, those documents were marked in his office. He would submit that Exs.P1, P2, P3, P9, P14 and P17 are the documents objected by the revision petitioner that those documents have been admitted in evidence without any proper steps taken by the respondent herein either to produce the original in the absence of the primary evidence and source of the document etc. 2/4

3. Let all those objections can be raised by the revision petitioner before the concerned Court itself. The Principal District Judge, Kanyakumari District at Nagercoil, is directed to consider the objections made by the petitioner herein and pass orders with regard to the above said documents.

4. With this direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 08.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Principal District Judge, Kanyakumari District at Nagercoil. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN C.R.P(MD)No.2046 of 2023 and C.M.P(MD)No.10280 of 2023 08.03.2024 4/4