Madras High CourtCRP(MD)/2225/2024allowed

Arul Vimalamary v. Rai Sagayaraj

2024-10-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.12590 of 2024 1.Arul Vimalamary 2.Minor Ramal Antony (Minor represented through his mother natural guardian/1st petitioner) ... Petitioners / Petitioners / Plaintiffs Vs.

1.Rai Sagayaraj 2.A.Infanda Jusus Mary 3.Salath 4.V.Saravanan ... Respondents / Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decreetal order dated 07.06.2024 in I.A.No.1 of 2022 in O.S.No.163 of 2019 on the file of the Principal District Court, Dindigul and allow this civil revision petition. 1/4

For Petitioner : Mr.H.Lakhsmi Shankar For Respondents : Mrs.P.Jessi Jeeva Priya for R1 to R3 R4-unclaimed

O R D E R

Heard both sides.

2. The plaintiffs in O.S.No.163 of 2019 on the file of the Principal District Judge, Dindigul are the revision petitioners herein. It is a suit primarily for partition. There are totally 8 items in the suit schedule. In respect of 8th item, an alternative relief for refund of the contribution said to have been made has been sought. The plaintiffs filed I.A.No.1 of 2022 for reception of the documents under Order 7 Rule 14 of C.P.C. The said IA was dismissed vide order dated 07.06.2024. Questioning the same, this civil revision petition came to be filed.

3. The trial in the suit has commenced, in the sense, the proof affidavit has been filed. It is seen that in the plaint, there is a reference to the documents now sought to be received. I am clearly of the view that by admitting the reception of these documents, the respondents are not going to be put to any kind of prejudice. On the other hand, the petitioner's rights will be seriously infringed if the documents are not admitted in evidence. In matters such as 2/4

this, Courts should adopt a liberal approach. In this view of the matter, the impugned order is set aside. The civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Principal District Court, Dindigul.

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G.R.SWAMINATHAN, J.

rmi 19.10.2024 4/4