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L. VICTORIA GOWRI
G. Vairamuthu – Appellant
Versus
R. Dhandapani – Respondent
JUDGMENT
(Prayer: Civil revision petition is filed, under Article 227 of the Constitution of India, to call for the fair and decreetal order made in I.A.No.561 of 2013 in O.S.No.239 of 2010, on the file of the Sub Court, Palani and to set aside the same.)
Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the third respondent.
2. This civil revision petition is preferred as against the order dated 31.03.2015, passed in I.A.No.561 of 2013 in O.S.No.239 of 2010, on the file of the Sub Court, Palani.
3. For the sake of convenience, the parties are referred as per the ranking in I.A.No.561 of 2013.
4. The petitioners / plaintiffs filed I.A.No.561 of 2013 to recall P.W.1 for marking a document i.e. Partition deed. However, the Trial Court finding that the said document was not purchased in the name of the person concerned and no proper stamp duty was paid, dismissed the interlocutory application.
5. Today, when the matter was taken up for hearing, learned counsel appearing for the third respondent submitted that in view of the pendency of this civil revision pending since 2015, the suit in O.S.No.239 of 2010 is kept pending unheard and therefore, he
Courts have the authority to set aside orders and direct specific actions in civil revision petitions. Emphasis on expeditious disposal of suits.
The court affirmed that unless a restraint order is in place, a trial Court can entertain applications for passing a final decree even if an appeal or review is pending.
The court established that under the Code of Civil Procedure, the power to reopen evidence and recall witnesses is essential for ensuring a fair trial and can be exercised at any stage of the proceed....
The transferee or subsequent purchaser can maintain an application under Order I Rule 10 of CPC, and misquoting the provision of law cannot be a ground for rejecting the application.
Grant of status-quo to avoid multiplicity of proceedings and the direction for expedited proceedings in the main suit.
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