Madras High CourtCRP(MD)/2226/2024allowed

Arul Vimalamary v. Rai Sagayaraj

2024-11-19Honourable Mr Justice G.R.Swaminathan5 pages

1 C.R.P.(MD)No.2226 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 30.10.2024 PRONOUNCED ON : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2226 of 2024 1.Arul Vimalamary 2.Minor Ramal Antony ... Petitioners /Petitioners / Plaintiffs Vs 1.Mr.Rai Sagayaraj 2.A.Infanda Jesus Mary 3.Salath 4.V.Saravanan ... Respondents/Respondents/ Defendants PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 07.06.2024 in I.A No.2 of 2022 in O.S No.163 of 2019 on the file of the Principal District Court, Dindigul.

2 C.R.P.(MD)No.2226 of 2024 For Petitioners : Mr.H.Lakshmi Shankar For Respondents : Mrs.P.Jessi Jeeva Priya for R1 to R3

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 Court, Dindigul are the revision petitioners herein. In the said suit, the petitioners filed I.A No.2 of 2024 under Order VII Rule 11 of CPC seeking leave to produce the mobile phone containing the recorded conversation between the parties as evidence. The I.A was dismissed on the ground that the application was bereft of particulars. Challenging the dismissal order dated 07.06.2024, this civil revision petition has been filed.

3.The petitioners filed an affidavit. Paragraph 5 of the same reads as follows :

3 C.R.P.(MD)No.2226 of 2024 The petitioner wants to produce the mobile phone itself containing the recording. It is primary evidence. Therefore, the question of furnishing any certificate under Section 65B(4) of the Indian Evidence Act is not required. The lacuna originally noticed by the trial court has been set right. In the interest of justice, the impugned order is set aside.

4 C.R.P.(MD)No.2226 of 2024 4.This civil revision petition is allowed. No costs. 19.11.2024 Index : Yes/No Internet:Yes/No SKM To 1.The Principal District Judge, Dindigul.

5 C.R.P.(MD)No.2226 of 2024 G.R.SWAMINATHAN, J.

SKM C.R.P.(MD).No.2226 of 2024 19.11.2024