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Madras High CourtCRP(MD)/2641/2023dismissed

S.T.R.Sundaravadivel v. S.Kathiresan

2023-10-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.13769 of 2023 S.T.R.Sundaravadivel ... Petitioner/ Respondent/ Plaintiff Vs.

S.Kathiresan ... Respondent/ Petitioner/ Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 11.08.2023 in I.A.No.323 of 2023 in O.S.No.1006 of 2018 on the file of 1st Additional Sub Court, Madurai District and allow the Civil Revision Petition.

For Petitioner : Mr.N.Ganesh

ORDER

The Civil Revision is directed against the order passed in I.A.No. 323 of 2023 in O.S.No.1006 of 2018 dated 11.08.2023 on the file of the 1st 1/4

Additional Sub Court, Madurai, allowing the petition filed under Order 8 Rule 3(A) of C.P.C., for receiving the document.

2. The revision petitioner has filed a money suit against the respondent. When the suit was pending for defendant's side evidence, the above petition in I.A.No.323 of 2023 came to be filed.

3. It is seen from the records that the revision petitioner has raised objections that the documents sought to be produced are totally unconnected with the case and are irrelevant and despite the objections, the learned 1st Additional Subordinate Judge has allowed the petition and ordered to receive the documents.

4. The learned trial Judge, by observing that the Court has to give an opportunity to the revision petitioner to record his objection with respect to the document furnished by the respondent, has rightly allowed the petition. Hence, this Court is not inclined to interfere with the order passed by the learned trial Judge.

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5. In the result, this Civil Revision Petition is dismissed. However, the revision petitioner is at liberty to raise his objection at the time marking the said document and the learned trial Judge is directed to consider the same in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

13.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The 1st Additional Sub Court, Madurai District.

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

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.13769 of 2023 Dated : 13.10.2023 4/4