Madras High CourtCRP(MD)/3234/2023allowed

Gnanaselvam v. Chandrasekar

2024-02-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN CRP(MD).No. 3234 of 2023 and CMP(MD).No.16692 of 2023 1.Gnanaselvam 2.Samuel Durairaj Petitioners Vs.

1.Chandrasekar 2.Thirumalaikumar 3.Maharaja 4.Murugeshwari Respondents PRAYER : Petition filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 08.08.2023 made in I.A.No.9 of 2023 in O.S.No.46 of 2012 on the file of the Additional District Munsif Court, Thenkasi.

For Petitioner : Mr.V. Meenakshi Sundaram for Mr.D.Nallathambi For respondents 1 and 2 : Mr. T. Suvathi

ORDER

This Civil Revision Petition is filed against the against the 1/4

fair and decreetal order, dated 08.08.2023 made in I.A.No.9 of 2023 in O.S.No.46 of 2012 on the file of the Additional District Munsif Court, Thenkasi.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The said Interlocutory Application in I.A.No.9 of 2023 was filed by the revision petitioners seeking to condone the delay for producing the documents, that application was dismissed by the trial Court stating that un- stamped, un-registered document cannot be permitted to be received without satisfying the requirement of law. Against which this revision is preferred.

4. The learned counsel appearing for the revision petitioners submitted that the details of document was mentioned in the pleadings but the delay occurred to produce the documents.

5. Even though the learned counsel appearing for the respondents submitted that the petitioner's submission need not be taken 2/4

into account, since the document was mentioned in the pleading itself, there can be no bar for receiving the documents. But, whatever may be, the objection raised by the respondents herein may be taken into account at the time of admitting the documents with regard to the relevancy and absence of registration Stamp Duty etc., That can be decided by the trial Court.

6. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 28.02.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The Additional District Munsif Court, Thenkasi. 3/4

G.ILANGOVAN,J.

Trp CRP(MD).No. 3234 of 2023 and CMP(MD).No.16692 of 2023 28.02.2024 4/4