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Madras High CourtCS/16/2022transfer to city civil court

S.Jagadeswari v. R.Palaniappan

2023-02-273 pages

ABDUL QUDDHOSE, J.

The learned Additional Master I has placed the matter before this Court, since the learned counsel for the defendants strongly objected to the marking of the lease deed and addendum by the learned counsel for the plaintiff.

2. According to the learned counsel for the defendants, since, it is an unregistered document, it is not admissible in evidence. However, the learned counsel for the plaintiff would submit that only for collateral purpose, the lease deed and the addendum are sought to be marked as Exhibits.

3. The learned Additional Master I is directed to record the objections raised by the defendants with regard to the marking of the lease deed and addendum by the plaintiff and after recording the same is permitted to proceed with the recording of oral and documentary evidence by the plaintiff as well as the defendant.

4. No prejudice would be caused to the defendants, if such a direction is issued to the learned Additional Master - I. The issue as regards the inadmissibility of the lease deed and the addendum shall be 1/3

gone into by this Court after arguments made by the respective learned counsels in the main suit.

5. Accordingly, both the learned counsels are directed to file a joint draft Case Management Schedule on the next hearing date. Post the matter for Case Management Hearing on 13.02.2024. 24.01.2024 vsi2 2/3

ABDUL QUDDHOSE, J.

vsi2 24.01.2024 3/3