LAKSHMI MOVIE MAKERS Vs. TRICHY SURIYA FILMS

JUDGEMENT

(1.) These Civil Revision Petitions have been filed to set aside the fair and decretal orders dated 09.04.2015 made in I.A.Nos.3673 to 3675 of 2015 in O.S.No.6903 of 2010 on the file of the I Additional City Civil Court, Chennai.

(2.) The issues and the parties involved in all the Civil Revision Petitions are one and the same and therefore, they are disposed of by this common order.

(3.) The petitioners are defendants and respondent is the plaintiff in O.S.No.6903 of 2010 on the file of the I Additional City Civil Court, Chennai (formerly C.S.No.217 of 1999 on the file of this Court). The respondent filed written statement on 206.2003 and additional written statement in the month of March 2012. The issues were framed and trial commenced and parties have let in evidence and closed their side. When the suit was posted for judgment, the respondent filed three applications viz., I.A.Nos.3673 to 3675 of 2015 to reopen the case in O.S.No.6903 of 2010; recall P.W.1 in O.S.No.6903 of 2010 for giving further evidence and for permission to file additional documents. According to the respondent, they have mentioned about the registration of the respondent firm in the plaint. The petitioners have not denied the same in the written statement and therefore, no issue had been framed in this regard. Only during cross examination of P.W.1 and during arguments, the issue was raised by the counsel for the petitioners. Earlier, respondent handed over the original Registration Certificate to their counsel who was handling the matter in this Court when the suit was pending before this Court. Subsequently, the suit was transferred to I Additional City Civil Court and renumbered as O.S.No.6903 of 2010. At that time, the counsel for the respondent handed over the bundle and informed him that original Registration Certificate of the respondent firm has been misplaced. The petitioners are now raising issue that suit is not maintainable for not filing the Registration Certificate. The respondent applied for the same and seeking permission of the Court to mark the said document.