RAMACHANDRAN Vs. JANARDHANAM

JUDGEMENT

(1.) THESE two revisions are directed against the orders of the court below granting permission under O.13, Rule 2, C.P.C, to the respondent to file additional list of documents. Learned counsel submits that in C.R.P.No.410 of 1992 an affidavit was filed setting out some reason for the delay in filing the documents. But, sufficient cause is not shown for producing the documents at a late stage. He submits that in C.R.P.No.411 of 1992 the respondent, did not even file an affidavit in support of the petition to explain the delay in filing the documents. In the typed set filed by him a copy of the petition is included. The petition refers to an affidavit accompanying the same. The petition is dated 9.10.1991. In the counter-affidavit filed by the petitioner he has categorically stated that no affidavit was filed along with the petition and no affidavit was served on him. Yet, the order of the court below does not consider the question as to whether an affidavit was filed or not.

(2.) THE court below does not seem to have borne in mind the provisions of O.13, Rule 2, Sub-rule (1), C.P.C. THE rule reads thus:

(3.) IN the present case, the orders of the court below do not disclose the application of mind by the court to the Rules in question. But, I am not inclined to interfere in these revision petitions for the reason that the suit is of the year 1988 and it is already more than three years. Under the proviso to Sec.ll5(l), C.P.C, the High Court shall not vary or reverse any order made in the course of the suit or other proceedings except where (a) the order if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. IN view of the said proviso I am dismissing the revision petitions. However, I direct the Subordinate Judge, Villupuram to follow the Rules prescribed in the Code of Civil Procedure strictly in future.