C.R.P(MD)No.700 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN

C.R.P(MD)No.700 of 2023

and

C.M.P(MD)No.3251 of 2023

Ponniah

... Revision Petitioner/

Petitioner/Defendant

Vs.

Jeyakumar

... Respondent/Respondent/

Plaintiff

PRAYER: Civil Revision Petition is filed under Article 227 of

Constitution of India, to allow this civil revision petition and set aside

the order passed in I.A.No.1 of 2022 in O.S.No.2 of 2022 on the file of

the I Additional Sub Judge, Nagercoil, dated 16.12.2022 in so far as the

objectionable portions are concerned.

For Petitioner

: Mr.C.R.Nirmal

ORDER

The petitioner is the defendant in O.S.No.2 of 2002 before the

First Additional Sub Court, Nagercoil. In the said proceedings, the

petitioner herein filed I.A.No.1 of 2022 under Order 7 Rule 14 and

Section 151 of C.P.C to direct the respondent/plaintiff to produce the

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C.R.P(MD)No.700 of 2023

original fld; gj;jpuk; for Rs.2,00,000/- (Rupees Two Lakhs only), dated

23.01.2021.

2. The trial Court has dismissed the application stating that the

respondent/plaintiff is denying the existence of such documents and it is

open for the petitioner to mark xerox copy of the fld; gj;jpuk;> dated

23.01.2021 in accordance with law. The operative portion of the order

reads as under:

“7. On the other hand, the respondent/plaintiff herein

denies the existence of such document. Xerox copy of the said

documents is available with his petitioner. Before marking of

xerox copy, the party concerned has to take certain steps to

produce the original. Herein the plaintiff said to be the

custodian of the document, but he denies the very existence

itself. In such circumstances, the respondent cannot be

compelled to produce. On the other hand, this petitioner is at

liberty to produce the xerox as secondary evidence after

complying statutory requirements.

In the result, the petition is dismissed. No cost.”

3. I have considered the arguments advanced by the learned

counsel for the petitioner and perused the grounds on the plaint filed

before the Trial Court.

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C.R.P(MD)No.700 of 2023

4. It is open for the petitioner to mark photo copy of the aforesaid

fld; gj;jpuk; by complying with the provisions of C.P.C and Indian

Evidence Act, 1872. There is no merit in the present civil revision

petition against the impugned fair and decreetal order, dated 16.12.2022

in I.A.No.1 of 2022 in O.S.No.2 of 2022. Accordingly, Civil Revision

Petition stands dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

16.03.2023

NCC : Yes / No

Index

: Yes / No

Internet : Yes / No

sn

To

1.The I Additional Sub Judge, Nagercoil

2.The Section Officer

Vernacular Section,

Madurai Bench of Madras High Court,

Madurai.

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C.R.P(MD)No.700 of 2023

C.SARAVANAN

,J.

SN

C.R.P(MD)No.700 of 2023

16.03.2023

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