1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (PD)(MD)No.1889 of 2011 and MISCELLANEOUS PETITION (MD)No.1 of 2011 1.Chithammal 2.Saravanammal 3.Subbulakshmi .. Petitioners/Petitioners/Defendants Vs. 1.Karthikeyan 2.Purppanaban 3.Sankaranarayanan 4.Bagavathi Kumar .. Respondents/Respondents/Plaintiffs Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 06.07.2011 passed in Interlocutory Application No.428 of 2011 in Original Suit No.490 of 2006 by the Second Additional District Munsif Court, Tirunelveli. For Petitioners : Mr.S.P.Maharajan For Respondents : Mr.S.Meenakshi Sundaram ORDER The order dated 06.07.2011 passed in Interlocutory Application No.428 of 2011 in Original Suit No.490 of 2006 by the Second Additional District Munsif Court, Tirunelveli is being challenged in the present Civil Revision Petition. 2. The respondents herein as plaintiffs have instituted Original Suit No.490 of 2006 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein the present revision petitioners have been shown as defendants. During pendency of the same, the present petition has been filed in Interlocutory Application No.428 of 2011 under Order XXVI, Rule 4 coupled with Section 151 of the Code of Civil Procedure, 1908 praying to appoint an Advocate Commissioner for the purpose of cross-examining P.W.1 due to her old age coupled with illness. The Court below after considering all the contentions raised on either side has dismissed the petition. Against the dismissal order, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioners has contended with great vehemence that the first revision petitioner is aged about 71 and she has been examined in part in Original Suit No.490 of 2006 and after giving deposition in the Court, she got illness due to old age and other problems and under the said circumstances she is not in a position to come and depose evidence before the Court and therefore the present petition has been filed, but the court below has erroneously dismissed the same. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel appearing for the respondents has contended that after giving evidence in part in Original Suit No.490 of 2006, it is highly improbable to contend that the first revision petitioner has been suffering from illness due to her old age and other deceases and further the first revision petitioner is quite hale and healthy and only to protract the proceedings the present petition has been filed. 5. In fact, this Court has perused the entire averments made in the petition filed in Interlocutory Application No.428 of 2011, wherein it has been clearly stated that the petitioner has been suffering from various diseases and also it is learnt that the petitioner has attained senility. But the revision petitioners have not at all established that due to alleged sufferings, the first revision petitioner has not been able to make her appearance before the Court by way of adducing medical evidence. They simply annexed a medical certificate and even the same has not been marked and further the author of the same has not been examined. Without considering the physical condition of the first revision petitioner medically, the Court cannot automatically allow the present petition on the basis of the age of the first revision petitioner. Therefore for the purpose of giving sufficient opportunity to the revision petitioners, this Court is of the view to set aside the order passed in Interlocutory Application No.428 of 2011 in Original Suit No.490 of 2006 and remit the same to the file of the Court below. 6. In fine, this Civil Revision Petition is allowed without costs and the order passed in Interlocutory Application No.428 of 2011 in Original Suit No.490 of 2006 by the Second Additional District Munsif Court, Tirunelveli is set aside and the petition filed in Interlocutory Application No.428 of 2011 in Original Suit No.490 of 2006 is remitted to the file of the Second Additional District Munsif Court, Tirunelveli. The revision petitioners are directed to examine the doctor, so as to prove the alleged illness and also inability of the first revision petitioner. The Second Additional District Munsif Court, Tirunelveli is directed to dispose of Original Suit No.490 of 2006 before the end of February, 2012 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Second Additional District Munsif Court,Tirunelveli. Copy to : The Section Officer, Judicial Magistrate, Madurai Bench of Madras High Court, Madurai +1cc to Mr.S.Meenakshisundaram, Advocate, Sr.No.41753 smn : GH : 02.12.2011 : 2p/4c C.R.P(PD)(MD)No.1889 of 2011 and M.P(MD)No.1 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/