IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Chellammal – Appellant
Versus
Kasi – Respondent
ORDER :
S.SOUNTHAR, J.
1. The Civil Revision Petition is filed challenging the order passed by the Subordinate Court, Alandur dismissing the application filed by the petitioners and 2nd respondent herein seeking to issue summons to the Thasildhar, Sholinganallur Taluk, to give evidence along with original records pertains to the suit property in S.F.Nos.103 and 103/2, Karapakkam Village, Sholinganallur Taluk.
2. The 1st respondent herein filed a suit for declaration of title and recovery of possession. The petitioners and 2nd respondent herein filed a detailed written statement and resisting the suit on various grounds. The trial in the suit is already commenced and the 2nd petitioner was examined as DW.1. At this stage, the petitioners filed an application seeking issuance of witness summons to the jurisdictional Thasildhar, the same was dismissed by the Trial Court. Aggrieved by the same, the petitioners have come before this Court.
3. The learned counsel appearing for the petitioners would submit that all the title documents relied on by the plaintiff relates to Survey No.103 and in the title document of plaintiff, there is no reference about sub- division of Survey No.103/2. In suc
Procedural rules serve to advance justice, and denial of evidence crucial for adjudication violates the fair opportunity afforded to parties in a civil suit.
Summoning public officers under Order XVI, Rule 1 of CPC cannot be invoked by private parties without adducing proper and relevant evidence to prove their case.
Compliance with mandatory requirements for summoning documents from a public officer and the limitations of Order XVI, Rules 1 and 5 of the CPC.
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