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2009 DIGILAW 875 (MAD)

M. R. Ravi Chandran v. D. Sridhar & Others

2009-03-31

A.C.ARUMUGAPERUMAL ADITYAN

body2009
Judgment Under this revision the order passed in a memo filed by the revision petitioner in M.P.No.732 of 2008 in RCA.No.445 of 2005 is challenged. The said memo was filed by the revision petitioner for permitting him to let in oral evidence in M.P.No.732 of 2008, an application filed for amending the counter affidavit of the revision petitioner filed in RCOP.No.788 of 2004. The learned Appellate Authority has dismissed the said memo, which resulted in this revision. 2. M.P.No.732 of 2008 in RCA.No.445 of 2005 is to be decided on merits. The point to be decided in M.P.No.732 of 2008 is whether the counter filed by R2 in RCOP.No.788 of 2004 is allowed to be amended or not, for which I am of the view that there is no oral evidence is necessary as held by the learned first appellate authority. 3. Under such circumstances, nothing survives in this revision and the same is hereby dismissed. The learned first appellate authority / VIII Judge, Court of Small Causes, Chennai, is directed to dispose of M.P.No.732 of 2008 within one month from the date of receipt of copy of this order. No costs. Connected Miscellaneous Petition is dismissed.