IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
M.Ethirajan – Appellant
Versus
G.Varalakshmi – Respondent
| Table of Content |
|---|
| 1. summary suit initiation and procedural applications. (Para 1 , 2) |
| 2. denial of execution and privity in contract. (Para 3 , 4) |
| 3. court's obligation to consider procedural remedies. (Para 5 , 6) |
COMMON ORDER
The defendant in a suit filed under Order XXXVII Rule 1 and 2 of CPC, aggrieved by the dismissal of an application seeking leave to defend the suit and having challenged the same by way of an appeal in A.S.No.78 of 2023, is the revision petitioner. In the pending appeal, the revision petitioner had filed I.A.No.6 of 2024 under Section 45 of the Indian Evidence Act for sending the disputed signature in the promissory note for comparison to the expert. The said application was taken out, along with another application for adducing additional evidence in the appeal. The First Appellate Court has dismissed both the applications, as against which, the defendant has come up by way of the present revisions.
2.I have heard Mr.S.Vasudevan, learned counsel for the petitioner/defendant in both the revisions. Despite service of notice, the respondent/plaintiff has not chosen to appear either in person or through counsel. I have proceeded to hear Mr.S.Vasudevan, learned coun
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