C.R.P. (PD) Nos.195 of 2019, 125 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

Coram

The Hon'ble Mr. Justice C.V.KARTHIKEYAN

C.R.P. (PD) Nos.195 of 2019, 125 of 2021

and C.M.P.Nos.1568 of 2019, 1161 of 2021

C.R.P.(PD) No.195 of 2019

M.P.Padmavathi

... Petitioner

Vs

1.S.Sundaram

2.Gomathi

3.R.P.Sakthivel

... Respondents

C.R.P.(PD) No.125 of 2021

S.Sundaram

... Petitioner

Vs

1.M.P.Padmavathi

2.Gomathi

3.R.P.Sakthivel

... Respondents

PRAYER in C.R.P.(PD) No.195 of 2019: Civil Revision Petition filed

under Article 227 of the Constitution of India to set aside the order dated

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C.R.P. (PD) Nos.195 of 2019, 125 of 2021

14.11.2018 made in I.A.No.466 of 2018 in O.S.No.412 of 2017 on the

file of the Learned Subordinate Judge, Kangeyam.

PRAYER in C.R.P.(PD) No.125 of 2021: Civil Revision Petition filed

under Article 227 of the Constitution of India to set aside the Fair and

Final Order, dated 23.10.2019 passed in I.A.No.675 of 2019 in

O.S.No.412 of 2017 on the file of Subordinate Judge, Kangayam,

Tiruppur District.

For Petitioners : Mr.P.Prabakar

in C.R.P.No.195 of 2019

Mr.S.Saravanan

in C.R.P.No.125 of 2021

For Respondents : M/s.S.Saravanan for R1

No Appearance for R2 and R3

in C.R.P.No.195 of 2019

M/s.P.Prabakar for R1

No Appearance for R2 and R3

in C.R.P.No.125 of 2021

********

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C.R.P. (PD) Nos.195 of 2019, 125 of 2021

C O M M O N O R D E R

The C.R.P.No.195 of 2019 has been filed by the plaintiff in

O.S.No.412 of 2017 now pending on the file of the Sub Court at

Kangeyam and C.R.P.No.125 of 2021 has been filed by the first

defendant in the very same suit O.S.No.412 of 2017.

2. Both the Civil Revision Petitions arises out of persistent efforts

made by the plaintiff in the suit by filing applications under Order 76 of

the Civil Rules of Practice seeking permission of the learned Sub Judge,

Kangeyam to send for documents from the Sub Registrar Office at

Vellakoil with respect to the said 16 number of documents which has

been listed in the petition. Originally the plaintiff filed petition in

I.A.No.372 of 2018 under Rule 76 of the Civil Rules of Practice seeking

a direction to the Court to send for documents which according to the

petitioners / plaintiffs were available in the Sub Registrar Office at

Vellakoil. The details of the documents had also been given. There were

16 documents. All of them are either Power of Attorney or Cancellation

of Power of Attorney.

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C.R.P. (PD) Nos.195 of 2019, 125 of 2021

3. It must be pointed out that such an application should have been

filed under Rule 75 of the Civil Rules of Practice. The said application

came to be dismissed by an order dated 11.04.2018. The learned Judge

held that the plaintiff had not taken any efforts to apply for certified

copies of the said documents. He had also independently mentioned that

the petitioners have not stated how the documents are relevant to

determine the issues. The said order was questioned in C.R.P.No.10371

of 2018. By an order dated 02.07.2018, the learned single Judge of this

Court had refused to interfere with the said order.

4. The learned Judge had accepted to the reasons given namely

that the petitioner had straight away filed application under Rule 75 of

the Civil Rules of Practice without applying for certified copies. Learned

Judge had also observed that the relevancy of the documents had not also

been stated.

5. The plaintiff thereafter went back to the Sub Registrar Office,

Vellakoil and made an application for certified copies of the said

documents. The said application was returned in the Sub Registrar

Office, Vellakoil. The plaintiff then went back to the Sub Court to file

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