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Madras High CourtA/855/2021allowed

Mrs,Vasantha Gangadharam And Another v. M.Kaviarasu And 6 Others

2021-03-04Honourable Mr Justice R. Pongiappan3 pages

A.No.855 of 2021 in C.S.No.262 of 2017 R.PONGIAPPAN,J.

Heard.

2. The plaintiff in C.S.No.262 of 2017 has filed this application, praying to receive the certified copies of documents(12 Nos) filed along with this application for marking the same as documents filed in the suit.

3. Originally, the suit has been filed for the relief of partition and when at the time, the suit has been posted for the appearance of D1 to D7, they have not appeared before this Court. Therefore by order dated 06.01.2021, an exparte order has been passed against the defendants 1 to 7 and the matter was directed to be listed before the learned Master on 03.02.2021 for recording exparte evidence.

4. Only in the said circumstances, the applicant herein has filed this application for the relief as stated above stating that no documents have been produced during the time of filing the suit, due to the reason that the original property documents were with the first and fifth defendants. Page No. 1/3

Subsequently, since the defendants remained exparte on 06.01.2021, the applicant and her sister applied for certified copies of the documents. Since the certified copies are in variance with the xerox copies of the documents, this application has been filed to receive the certified documents of the plaint documents Nos. 1 to 11 and 15. Since Document No.1 of the certified copy, obtained from the Sub Registrar's Office has been fully damaged, a certificate was issued to that effect, which is also filed herein.

5. Therefore, being satisfied with the reasons stated in the affidavit filed in support of the application, this application is ordered.

6. Registry is directed to receive the documents enclosed along with the application, subject to proof and relevancy.

7. Post the matter before the learned Master on 12.03.2021 for recording evidence.

04.03.2021 msv Page No. 2/3

R.PONGIAPPAN,J.

Msv A.No.855 of 2021 in C.S.No.262 of 2017 04.03.2021 Page No. 3/3