Madras High CourtCRP(MD)/49/2016dismissed

C.Murugan, v. C.Paramasivam,

2022-06-21Honourable Mr Justice B.Pugalendhi2 pages

C.R.P(MD)No.49 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.R.P(MD)No.49 of 2016 and C.M.P(MD)Nos.217 of 2016 and 456 of 2018 C.Murugan ... Revision Petitioner/Petitioner/ Petitioner/Plaintiff Vs 1.C.Paramasivam 2.P.Pandiselvi 3.S.Radha 4.A.Chitra ... Respondents/Respondents/Respondents/ Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 21.09.2015 in I.A.No.531(A) of 2014 in IA.No.241 of 2013 in O.S.No.154 of 2010 on the file of the District Munsif, Madurai Taluk and allow this civil revision petition.

For Petitioner : Mr.K.N.Thampi For Respondent : Mr.R.Rajamohan Nos.1 to 4

ORDER

This civil revision petition has been filed as against order dated 21.09.2015 in I.A.No.531(A) of 2014 in I.A.No.241 of 2013 in O.S.No.154 of 2010 on the file of the District Munsif, Madurai. 2.The plaintiff filed a suit in O.S.No.154 of 2010 for declaration and permanent injunction. The plaintiff also filed an interlocutory application in I.A.No.531(A) of 2013 to mark a xerox copy of an agreement as secondary document in the suit filed him.

3.The application was dismissed by the trial Court, on the ground that it is an unregistered document. It is seen that the plaintiff has taken out a plea that the original document was filed along with the plaint and it was misplaced in the Court and therefore, the interlocutory application was filed to mark the xerox copy as a secondary evidence.

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

C.R.P(MD)No.49 of 2016 4.The trial Court has observed that the plaintiff has taken a plea that the original document was filed along with the plaint. But the same has not been marked at the time of examining him as PW1 and this application has been taken out to receive the xerox copy of the original document.

5.This Court does not find any error apparent on the orders of the trial Court and therefore, this Court is not inclined to entertain this petition. The suit is of the year 2010 and this civil revision petition is pending from the year 2016. Under such circumstances, the trial Court is directed to dispose of the suit within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar (CS-I) // True Copy // /07/2022 Sub Assistant Registrar(CS) dsk To The District Munsif, Madurai Taluk.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.K.N. THAMPI, Advocate ( SR-27240[F] dated 21/06/2022 ) +1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-27810[F] dated 23/06/2022 ) C.R.P(MD)No.49 of 2016 21.06.2022 ma(CO) GC(05.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2