Madras High CourtCRP(MD)/2311/2019dismissed

Kaliraj v. Gurusamy

2019-12-13Honourable Mr Justice N. Sathish Kumar2 pages

C.M.P.(MD).No.12170 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.(PD)(MD).Nos.2311 and 2312 of 2019 and C.M.P.(MD).No.12170 of 2019 Kaliraj ... Petitioner/Petitioner/Plainitiss in both C.R.Ps.

Vs.

Gurusamy ... Respondent/Respondent/Defendant in both C.R.Ps.

PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India against the order passed in I.A.Nos.552 and 553 of 2019 in O.S.No.98 of 2009 on the file of the District Munsif Court, Kovilpatti, dated 18.10.2019.

For Petitioner : Mr.C.Selvakumar C O M M O N O R D E R These Civil Revision Petitions have been filed against the order of the trial Court in dismissing the applications in I.A.Nos.552 and 553 of 2019 filed for reopening the case for further cross-examination of D.W.1.

2. It is the contention of the revision petitioner before the trial Court that in the plaint, the father's name of the respondent was mentioned as Ponnu Thevar, whereas the respondent has stated that his father name is Irulandi Thevar, in respect of which, amendment was also allowed. Therefore, further cross- examination is required with regard to the name of the father of the respondent. Hence, the revision petitioner has filed an application in I.A.Nos.552 and 553 of 2019. But the trial Court has dismissed the applications.

3. When the trial is already over and only the amendment was sought to change the father's name of the defendant and the other aspect is not in dispute and when the rights of the parties have already come up on record by way of evidence, to overcome the same at a later point of time, is certainly prejudice the other side.

4. In view of the same, this Court does not find any infirmity and perversity in the order passed by the trial Court. Accordingly, https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.(MD).No.12170 of 2019 the Civil Revision Petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) akv To The District Munsif, Kovilpatti.

+1.CC. To Mr.C.Selvakumar, Advocate in SR No.104889 C.R.P.(PD)(MD).Nos.2311 and 2312 of 2019 13.12.2019 MK (02.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2