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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
S.Rishi (Minor) - Appellant
Vs.
Mr.S.Balasubramaniam – Respondent
C.R.P.No.165 of 2023 and C.M.P.No.1353 of 2023
Decided on : 27-01-2023
Constitution of India, 1950 – Article, 227 – Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction – Civil revision petition is filed challenging docket order passed in I.A. in O.S.– Held, When plaintiff side and defendant side evidences were examined and revision petitioner/plaintiff cross-examined defendants, this Court thought fit not to reopen case and found it would became unnecessary – Petition dismissed.
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Docket Order of dismissing the petition in I.A.No.5 of 2022 in O.S.No.2401 of 2020 dated 15.11.2022 on the file of the XIX Assistant Judge, City Civil Court, Allikulam, Chennai.
The civil revision petition is filed challenging the docket order dated 15.11.2022 passed in I.A.No.5 of 2022 in O.S.No.2401 of 2020.
2. It is not in dispute that the examination and cross-examinations of the defendants were conducted and after completion of the examination, the revision petitioner/plaintiff filed a petition to reopen the case of the defendant’s side evidence.
3. When the plaintiff side and defendant side evidences were examined and the revision petitioner/plaintiff cross-examined the defendants, this Court thought fit not to reopen the case and found it would became unnecessary.
4. This being the factum, this Court do not find any infirmity in respect of the docket order dated 15.11.2022 passed in I.A.No.5 of 2022 in O.S.No.2401 of 2020. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
Court dismisses a civil revision petition as infructuous when the underlying proceedings have been closed.
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