C.R.P.No.2788 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.No.2788 of 2023

and

C.M.P.No.17226 of 2023

N.Koteeswaran Arulraj

... Petitioner

Vs.

S.K.Boobalan

... Respondent

Civil Revision Petition is filed under Section 227 of the

Constitution of India, to set aside the order dated 11.07.2023 in

I.A.SR.No.3474 of 2023 in O.S.No.100 of 2019 on the file of the

Learned Additional Subordinate Judge, Ponneri.

For Petitioner : Mr.K.Venkatesan

For Respondent : Mr.E.Prabu

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C.R.P.No.2788 of 2023

ORDER

This Civil Revision Petition is filed against the order dated

11.07.2023 passed by the Learned Additional Subordinate Judge,

Ponneri in I.A.SR.No.3474 of 2023 in O.S.No.100 of 2019.

2. The petitioner herein is the defendant in O.S.No.100 of 2019.

The suit was filed by the respondent for recovery of possession and

arrears of damages. The petitioner filed a written statement in the suit

and thereafter, filed I.A.SR.No.3474 of 2023 seeking to receive

additional documents which were not filed at the time of marking the

defendant's side documents. It was stated in the application that the

above said documents are most vital and relevant documents for effective

adjudication of the suit. Unless the petitioner is permitted to file the

above documents, his rights would be seriously prejudice. Hence, it is

just and necessary to permit him to file the said documents. The Trial

Court, after hearing the parties, dismissed the application filed by the

petitioner. Aggrieved by the same, the present CRP is filed.

3. The learned counsel for the petitioner would submit that the

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C.R.P.No.2788 of 2023

documents that are sought to be marked by the petitioner are most vital

and relevant to the present case on hand. In the event of dismissal of his

application to receive the additional documents, he would be put to

irreparable loss and hardships.

4. Heard the learned counsel for the petitioner and learned counsel

for the respondent, and perused the materials on record.

5. On perusal of the records, it is seen that, the suit was filed in the

year 2019 and the written statement was filed on 25.09.2019. The

petition, requesting to receive the additional documents, was filed in the

Court only on 30.03.2003 i.e., after three and half years. No reason has

been stated by the petitioner for the said delay in filing the application.

Further, already 3 witnesses were examined and 11 documents were

marked on the side of the defendant. Now the suit is posted for further

evidence of the defendant. At this stage, the petitioner / defendant has

filed the above said application for receiving 8 additional documents and

no explanation has been given by the petitioner as to how the said

documents are relevant to the present case on hand.

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C.R.P.No.2788 of 2023

6. In view of the above, this Court is of the view that, even though

the suit is posted for further evidence of the defendant, now after a period

of three and half years, the petitioner cannot be permitted to mark any

document that too when there is no any convincing reason to satisfy the

Court with regard to the importance of the documents which are sought

to be marked by the petitioner and accordingly, this petition is liable to

be dismissed. Hence, it is dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

16.08.2023

raja

Index : yes/no

Internet : yes/no

To

The Subordinate Court, Ponneri.

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C.R.P.No.2788 of 2023

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C.R.P.No.2788 of 2023

V.BHAVANI SUBBAROYAN.J.,

raja

C.R.P.No.2788 of 2023

and

C.M.P.No.17226 of 2023

16.08.2023

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