S. MURUGAN Vs. V. VIVEKANANDA AND ORS.

JUDGEMENT

(1.) The revision petitioner is the defendant in O.S.No.115 of 2014 on the file of the 5th Additional District Court, Madurai and the plaintiffs had filed the suit for recovery of money of Rs. 22,09,244/- with 12% interest per annum on Rs. 20,00,000/- from the date of plaint till the date of realization, etc. During the pendency of the suit, the defendant had filed an application in I.A.No.260 of 2018 for summoning one Mr.M.Ravi, Inspector of Police, V-3, J.J.Nagar Police Station for the purpose of examination and the said application was dismissed, on the ground that no purpose would be served in summoning the said Inspector of Police. Aggrieved by such finding, the revision petitioner/defendant is before this Court.

(2.) It is the case of the revision petitioner that the son of the plaintiffs was a drunkard and they requested the defendant to help them to rehabilitate their son from the said habit. Therefore, the defendant admitted him in one Widsom Rehabilitation Centre and their son was recovered from the drinking habit. The plaintiff incurred some amount towards payment to the said Centre and subsequently, owing to the difference of opinion, they lodged a complaint against the defendant to the V-3, J.J.Nagar Police Station, as if a sum of Rs. 35,00,000/- was misappropriated by him and pursuant to the complaint, he was called to the Police Station and the Police Personnel also obtained some signatures on the blank papers and those papers were handed over to the plaintiff. It is the further case of the revision petitioner that the money suit was filed by the plaintiff only to harass the defendant and unless the Inspector of Police, who investigated the complaint lodged by the plaintiff, is summoned and examined, he may not be in a position to establish that the averments made by the plaintiff are wrong.

(3.) The revision petitioner states that the case is posted for his examination and the burden of proving the case in respect of obtaining unfilled cheques, blank papers and some documents from him, is shifted to the defendant, for which, it is absolutely necessary to summon the Inspector of Police, V-3, J.J.Nagar Police Station, but, the Trial Court has disallowed the application filed by him. Contending that there was no money transaction taken place between him and the plaintiffs and the said fact can be proved only by examination of the said witness, it is prayed that the order of the Trial Court is liable to be set aside.