9911796707
TMI Blog2022 (11) TMI 1300X X X X Extracts X X X X X X X X Extracts X X X X ..... lavarasan has been made a party in the said writ petition - HELD THAT:- Only in a proceeding initiated before a Court of law or any authority, the appellant could appear and depose evidence on behalf of his wife. Therefore, the Writ Petition could not have been filed by the appellant as a witness of his wife. It was for the appellant's wife to have filed the said Writ Petition after impleading the proper and necessary parties. We are in agreement with the views expressed by the learned Single Judge while dismissing the Writ Petition. Therefore, there is no merit in the present Writ Appeal. That apart, the appellant cannot rely on Section 120 of the Indian Evidence Act, 1872, to justify in filing of the Writ Petition Only in a proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sferred to the IV Additional City Civil Judge, City Civil Court, Chennai and renumbered as O.S.Nos.110 and 111 of 2020. Under these circumstances, the appellant appears to have sent a representation on 01.09.2021 along with the copies of the sale deeds to the respondent herein for necessary legal action to be initiated against the said P.M.Elavarasan. The learned single Judge, after considering the arguments, at the time of admission, has dismissed the writ petition and also imposed costs of Rs.50,000/- on the ground that neither the petitioner's wife nor the said Ilavarasan has been made a party in the said writ petition. The relevant portion of the order reads as follows: 6. The petitioner refers to a suit filed by his wife agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law or any authority, the appellant could appear and depose evidence on behalf of his wife. Therefore, the Writ Petition could not have been filed by the appellant as a witness of his wife. It was for the appellant's wife to have filed the said Writ Petition after impleading the proper and necessary parties. 6. We are therefore inclined to dismiss this Writ Appeal. We however expunge the cost imposed on the appellant, considering the fact that the appellant's wife may have a case against the said P.M.Ilavarasan. The learned City Civil Judge, before whom the suits are pending, shall take up the cases, proceed and dispose of the same, preferably within a period of twelve (12) months from the date of receipt of a copy of this Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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