C.R.P. Nos. 3583 & 3585 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

C.R.P.Nos. 3583 & 3585 of 2023

and

C.M.P.Nos. 22431 & 22436 of 2023

Rekha Surana

... Petitioner

Vs.

1. Najmuddin and Sons

rep. by its partners

Mr.Shrin Dhankot,

Mrs. Fathima Inayat Bharmal

and Mr.Inayat Najmuddi Bharmal

2. Shirin Dhankot

3. Fathima Iniyat Bharmal

4. Inayat Najmuddin Bharmal

... Respondents

PRAYER in C.R.P.No. 3583 of 2023 : Civil Revision Petition filed under

Art. 227 of Constitution of India, praying to set aside the order dated

07.06.2023 made in I.A.No.1 of 2022 in O.S.No. 3715 of 2021 on the file of

XX Addl. City Civil Court, Allikulam, Chennai.

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C.R.P. Nos. 3583 & 3585 of 2023

PRAYER in C.R.P.No. 3585 of 2023 : Civil Revision Petition filed under

Art. 227 of Constitution of India, praying to set aside the order dated

07.06.2023 made in I.A.No.1 of 2022 in O.S.No. 3713 of 2021 on the file of

XX Addl. City Civil Court, Allikulam, Chennai.

For Petitioner

: Mr.S.Thanka Sivan

C O M M O N O R D E R

Challenging the impugned orders passed in I.A.Nos.1 and 1 of 2022

in O.S.Nos. 3715 and 3713 of 2021 dated 07.06.2023 passed by XX Addl.

Judge, City Civil Court, Allikulam, Chennai, respectively the present Civil

Revision Petitions have been filed.

2. The learned counsel for Revision Petitioner would submit that the

1^st defendant partnership firm along with partners borrowed a loan of

Rs.50,00,000/-, for which they have executed a promissory note as well as

an undertaking letter signed by the 4^th defendant to repay the same. Based

on that, the plaintiff filed two suits for recovery of money against them and

for attachment of property, the plaintiff also filed Interlocutary Applications

in I.A.Nos.1 and 1 of 2022 respectively in both suits and the said

applications were contested by the defendants stating that the property is not

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C.R.P. Nos. 3583 & 3585 of 2023

belong to the firm and it is an individual property. Hence, it cannot be

attached. Considering both side submissions, the trial judge dismissed the

applications holding that the plaintiff prima facie not filed any proof to

show that the 4^th defendant is one of the partner of partnership firm and also

not established that the property belongs to the firm. Accordingly, the

applications for attachment were dismissed.

3. The learned counsel for Revision Petitioner by relying the letterpad

under the headline of NS Najmuddin & Sons, would further submit that

through which, they gave the property viz., VNS Apartment, Flat No.D8,

Alwarpet, Chennai, which was sought to be attached before the trial court

was given by them with an undertaking letter dated 10.02.2017 signed by

the 4^th defendant for NS Najmuddin & Sons as a partner, but that letter was

not produced before the trial court. So, he prayed to remand the matters in

order to submit the valuable document to prove his claim.

4. The xerox copy of letter dated 10.02.2017 is perused and prima

facie, it reveals that for NS Najmuddin & Sons, as a partner, one of the

person said to be forced to sign in the document, but admittedly, the said

letter was not produced before the trial court while arguing the applications

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C.R.P. Nos. 3583 & 3585 of 2023

in I.A.Nos. 1 and 1 of 2022. Furthermore, if opportunity was not given to

the plaintiff to prove his case and if the property is not alienated in favour of

plaintiff, he would not able to realise the suit claim, thereby his valuable

right to defend his case will be defeated. Therefore, considering the

submissions of learned counsel for Revision Petitioner as well as document

relied on by the plaintiff, it is just and necessary, a reasonable opportunity is

to be given to the plaintiff. Accordingly, these Civil Revision P