1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.07.2023

CORAM

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

C.R.P.No.2835 of 2016

and

C.M.P.No.14396 of 2016

1.Thiruselvi

2.Minor.Dhivyapriya

3.Minor.Abhinaya

4.Minor.Kanmani

...Petitioners

Vs.

1.Sarathammal

2.Amaravathi

3.Sarathamani

4.Dhaivanai

...Respondents

Prayer:Civil Revision Petition filed under Article 227 of the Constitution

of India to allow this Civil Revision Petition, to set aside the order dated

09.07.2015 passed in Memo in O.S.No.83 of 2013, on the file of the

Subordinate Judge, Rasipuram.

https://www.mhc.tn.gov.in/judis

2

For Petitioners

:

Mr.P.Mathivanan

For Respondents

:

For R1 and R2

:

Mr.T.Dhanyakumar

For R3

:

Served on 23.09.2016

For R4

:

Disd vide Court order

dated 02.08.2018.

ORDER

This suit is for partition. The defendants had taken a plea stating that

the plaintiff is not the wife of Periyasamy and the 2^nd plaintiff, Amaravathi

was not born to Periyasamy but to one Subban. Based on this plea taken in

the written statement, the defendants 3 to 6 called upon the plaintiff to

produce photostat copies of Adhar Card and Ration Card. That was rejected

by the Trial Court against which the present Civil Revision Petition.

2. Mr.P.Mathivanan, learned Counsel for the petitioner will argue that

in order to substantiate their plea, they filed a memo calling upon the parties

to produce the records which would substantiate the relationship.

https://www.mhc.tn.gov.in/judis

3

3. Mr.T.Dhanyakumar, learned counsel for respondent Nos.1 and 2

would submit that the documents are not available with them and therefore,

they are not in a position to produce the same.

4. I have heard carefully both the sides and perused the materials on

record.

(I). Adhar Card and Ration Card are not proof of legitimacy or

illegitimacy. Adhar Card is a form given on self-declaration and it is a self

serving document. No background documents are sought for prior to the

issuance of an Adhar Card. Therefore, that cannot be a document to

substantiate, the relationship between the parties.

5. Insofar as the Public Distribution Card is concerned, that too is not

a card denoting paternity. At best, it could point out to paternity. In fact, a

full bench of this court has held that even a legal heirship certificate issued

by the Tahsildar is not proof of legal heirship but is a certificate stating

relationship.

(II). In any event, if the plaintiffs do not produce the Adhar or Ration

cards, at best, the defendants can request the court to draw adverse

inference.

https://www.mhc.tn.gov.in/judis

4

V. LAKSHMINARAYANAN, J,

nst

6. I am afraid, I am not willing to lay down a position that the

defendants are entitled to demand from the plaintiffs production of the

documents, which the plaintiffs are not willing to produce.

7. Therefore, with the above observations the Civil Revision Petition

stands dismissed. No Costs. Connected Miscellaneous Petition is closed.

14.07.2023

Index

: Yes/No

Neutral Citation Case

: Yes/No

nst

To:

The

Sub Judge,

Rasipuram

C.R.P.No.2835 of 2016

and

C.M.P.No.14396 of 2016

(1/2)

https://www.mhc.tn.gov.in/judis