LAWS(MAD)-2023-7-119

K. SUJATHA Vs. K. THIRUMALAIYANDI PILLAI

Decided On July 18, 2023
K. SUJATHA Appellant
V/S
K. Thirumalaiyandi Pillai Respondents

JUDGEMENT

(1.) These Civil Revision Petitions are filed assailing the order passed by the learned I Additional District Munsif Court at Kuzhithurai in I.A.Nos. 293, 294 and 295 of 2015 in O.S.No.340 of 2013. The original suit in O.S.No.340 of 2013 was one for partition. I.A.Nos.293, 294 and 295 of 2015 has been preferred by the petitioner / petitioner / plaintiff. For the sake of convenience, the parties herein are referred to as arrayed in I.A.Nos.293, 294 and 295 of 2015.

(2.) I.A.No.293 of 2015 was filed under Sec. 151 of the Code of Civil Procedure, 1908, seeking to reopen the evidence of the plaintiff, thereby allowing the plaintiff to give evidence in the original suit. I.A.No. 294 of 2015 was filed under Sec. 151 of the Code of Civil Procedure, 1908 to give further evidence on the side of the plaintiff. I.A.No.295 of 2015 was filed under Order XIII, Rule 2 and Sec. 151 of the Code of Civil Procedure, 1908 seeking to mark the documents scheduled therein the said petition as Exhibits A8 to A11. All the three I.As came to be filed before the learned I Additional District Munsif Court, Kuzhithurai when the original suit in O.S.No.340 of 2013 was posted for the arguments of both sides, that too for the third time.

(3.) Heard the learned Counsels for the petitioner and the respondents at length and anxiously perused the materials available on record.