M.P. PADMAVATHI Vs. S. SUNDARAM

JUDGEMENT

(1.) 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.s

(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.

(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.