S.Saravanan v. Ms.Radhika

A.No.1590 of 2025 in CS.No.670 of 2016 A.A.NAKKIRAN, J.

This application has been filed by the applicant to grant leave to produce the list of documents listed in the petition to be received in evidence on the plaintiff's behalf.

2. Learned counsel for the applicant submitted that the applicant was residing outside India, subsequent to the suit, the originals of the relevant documents viz., Doc. Nos.1, 4, 5, 6, 8, 9, 10,11, 14 and 15 and its photocopies were misplaced and could not be filed along with the plaint and framing of issues. While filing the proof only, the applicant traced it out and he obtained the same. The said documents are absolutely necessary for deciding all the matters in issue arising in the suit. If the leave is not granted, the applicant would be put to irreparable loss. Hence, he prays to allow this application.

3. Learned counsel for the respondent has submitted that the applicant has come forward with this application, when the matter was posted for trial, just to protract the proceedings, she has filed this application. Hence he prays for dismissal of the application.

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A.A.NAKKIRAN, J.

gv

4. Considering the facts and circumstances of the case and being satisfied with the reasons stated in the affidavit and in the interest of justice, this application is allowed.

5. Registry is directed to list the suit before the learned Additional Master concerned for recording evidence on 09.04.2025.

6. The learned Additional Master concerned is directed to complete the process of recording evidence within a period of four months from the date of receipt of a copy of this order and return back the bundles to this Court after completion of recording evidence along with a report. Gv 03.04.2025 A.No.1590 of 2025 in CS.No.670 of 2016 https://www.mhc.tn.gov.in/judis