R.M.Ramanathan v. P.Nagendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2015

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD)(MD)No.1907 of 2011 and M.P.(MD)No.1 of 2011 R.M.Ramanathan :Petitioner/Defendant/Petitioner Vs.

P.Nagendran :Respondent/Plaintiff/Respondent Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India against the order dated 13.07.2011 made in I.A.No.471 of 2010 in O.S.No.61 of 2010 on the file of the SubCourt, Ramanathapuram. For Petitioner : Mr.PT.S.Narendravasan For Respondent : Mr.J.M.Hassanul Bazari

ORDER

The suit is for specific performance. In which, the defendant had taken out an application for sending the suit agreement, dated 17.04.2010, to be compared with other admitted signatures of the defendant. The learned trial Judge has dismissed the same on the ground that the petitioner herein has not produced any document prior to Ex.A1 to be compared. Any signature i.e., after filing of the suit, cannot be compared.

2. Now the petitioner has submitted that he was able to procure documents containing the signatures of the defendant prior to the execution of Ex.A1, dated 17.04.2010.

3. In view of the above fact, I.A.No.471 of 2010, is remitted back to the Sub-Court, Ramanathapuram to try the same again after hearing both parties and pass appropriate orders before 31st March, 2015.

With the above observation, this Civil Revision Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O.,) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar

To The Subordinate Judge, Ramanathapuram.

+1cc to Mr.PT.S.Narendravasan, Advocate, in SR. No.6110. Order made in C.R.P.(PD)(MD)No.1907 of 2011 10.02.2015 pm msm 16.02.2015 p2/3c(IT) https://hcservices.ecourts.gov.in/hcservices/