High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
Lakshmi & Others
Versus
Joint Family Manager M. Ganapathy & Others
Review Application No.64 of 2010 in C.R.P.(PD) No.568 of 2009
Decided On: 21-03-2012
Review Application - Civil Procedure - Indian Evidence Act, 1872, Section 50 - The court discussed the order passed by the trial Court, the evidence presented, and the review jurisdiction of the court. The court found that the petitioners failed to prove their entitlement to a share in the suit schedule property and dismissed the Review Application.
Fact of the Case:
The petitioners filed a Review Application to challenge the order passed by the court dismissing the Civil Revision Petition filed by the petitioners against the order made in a lower court.
Finding of the Court:
The court found that the petitioners failed to prove their entitlement to a share in the suit schedule property and dismissed the Review Application.
Issues: The sufficiency of evidence presented by the petitioners and the review jurisdiction of the court.
Ratio Decidendi: The court held that the review jurisdiction is limited and can only be invoked in specific circumstances.
Final Decision: The Review Application filed by the petitioners was dismissed.
1. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.
2. The Review Application has been filed by the petitioners, to review the order passed by this Court, on 9.3.2010, in C.R.P.(PD)No.568 of 2009. This Court had passed the order, dated 9.3.2010, in C.R.P.(PD)No.568 of 2009, dismissing the Civil Revision Petition filed by the petitioners against the order, dated 2.4.2008, made in I.A.No.650 of 2004, in O.S.No.132 of 2004, on the file of the District Munsif Court, Dharapuram.
3. This Court had passed the order, dated 9.3.2010, dismissing the Civil Revision Petition. Paragraphs 12 and 13 of the said order read as follows:
"12. Even though this Court, by its order, dated 13.11.2007, made in C.R.P.No.2742 of 2007, had remanded the matter back to the trial Court, after setting aside the order, dated 10.7.2007, made in I.A.No.650 of 2004, to consider the evidence of one ‘Subbathal’ and to pass orders, afresh, on merits and in accordance with law, the trial Court had found that no evidence had been let in by a witness in the name of 'Subbathal'. Even though the petitioners had claimed that, due to a clerical error, the name of ‘Subbathal’ had been mentioned in the order of this Court, dated 13.11.2007, instead of the name of Karupaathaal, from the affidavit cum deposition, in I.A.Nos.650, 651 and 649 of 2004, it is seen that one Karuppaathaal, aged about 56 years, residing in Pappampatti village, Palani Taluk, Dindigul District, had deposed on behalf of the petitioners in I.A.No.651 of 2004. However, there is nothing to show that she had also deposed as a witness, in respect of the other interlocutory application, in I.A.No.650 of 2004. Further, the petitioners have not been in a position to show that a witness, by name 'Subbathal' had let in evidence, in favour of the petitioners in I.A.No.650 of 2004.
13. It is also noted that the trial Court had also recorded that there is no documentary evidence marked in favour of the petitioners. In such circumstances, it cannot be said that the order passed by the learned District Munsif, Dharapuram, dated 2.4.2008, made in I.A.No.650 of 2004, in O.S.No.132 of 2004, is erroneous and illegal, as alleged by the petitioners. In such view of the matter, the civil revision petition is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed."
4. The learned counsel appearing for the petitioners had submitted that the trial Court had passed the order, dated 2.4.2008, in I.A.No.650 of 2004, in O.S.No.132 of 2004, without giving sufficient opportunity to the petitioners to prove that they are entitled to a share in the suit schedule property.
5. It had also been stated that an affidavit had been filed by one Karuppathal, on 22.6.2006. in the Interlocutory Applications in I.A.Nos.651 of 2004, and I.A.Nos.650 and 649 of 2004, in O.S.No.132 of 2004. However, without considering the said affidavit, wherein she had made certain statements in favour of the petitioners, the trial Court had dismissed the claims made by the petitioners, as though no evidence was available on record, in the said Interlocutory Applications. However, the learned counsel had admitted that the said affidavit of Karuppathal, dated 22.6.2006, had not been produced before this Court at the time of the hearing of the Civil Revision Petition, in C.R.P.(PD) No.568 of 2009.
6. The learned counsel appearing for the petitioners had also submitted that the oral evidence adduced by Karuppathal, in favour of the petitioners, is admissible, as per section 50 of the Indian Evidence Act, 1872.
7. Per contra, the learned counsel appearing for the first respondent had submitted that the Review Application, filed by the petitioners, is vexatious in nature. He had pointed out that this Court had passed the order, dated 9.3.2010, in C.R.P.(PD) No.568 of 2009, taking into consideration all the relevant factors and the co
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