IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
S.Kannappan – Appellant
Versus
Esakkiammai – Respondent
| Table of Content |
|---|
| 1. court's directive to the trial court on document return. (Para 3) |
ORDER
The present Civil Revision Petition is preferred to set aside the docket order, dated 28.10.2024 passed in R.P.No.48 of 2024 in O.S.No.
171 of 2015 on the file of the II Additional Sub Court, Nagercoil.
2. According to the revision petitioner, the suit in O.S.No.171 of
2015 was filed by the revision petitioner and the same has attained finality by virtue of a compromise decree, dated 02.02.2016. Thereafter, the revision petitioner has filed an application in R.P.No.48 of 2024 for return of documents marked as Exhibits A.1 to A.8. However, the Trial Court ordered notice to the first respondent / defendant, which is not required. As per Order XIII, Rule 9 of the Civil Procedure Code, 1908, the petitioner is entitled to get back the admitted documents marked in the suit and since there is no appeal preferred, the petitioner is entitled to get back the documents marked on its side as Exhibits A.1 to A.8.
3. Considering the above facts and circumstances of the case, the docket order passed by the Trial Court is set aside and the Trial Court is directed to consider the application in R.P.No.48 of 2024 w
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