K.Zubair Ahamed v. Sabiha Begum

R.PONGIAPPAN, J., The applicant herein is the respondent in O.P.No.229 of 2019. He has filed this application seeking the relief to receive the additional documents and for marking the same, as exhibits.

2. Heard both sides.

3. In fact, the Original Petition has been posted for recording respondent's side evidence. Only in the said circumstances, this application has been filed for the relief, as stated supra. In general, if the document has been filed with a delay, it is a settled law that the same has been received subject to proof and relevancy. If at all, the other side counsel is objecting the validity of the document, it is for him to raise his objection before the learned Master when at the time the document has been marked as exhibit. In otherwise, objecting to receive the document itself, is unnecessary. 1/3

4. Therefore, considering the nature of prayer sought for by the applicant / respondent, this application is allowed.

5. Registry is directed to receive the documents, subject to proof and relevancy.

6. List the matter before the learned Master, on 24.03.2021, for recording evidence. The learned Master is directed to give sufficient opportunity to the respondent for placing his objections, at the time of marking the documents.

7. Interim order already granted by this Court on 25.02.2020, shall continue.

10.03.2021 sri 2/3

R.PONGIAPPAN, J.

sri 10.03.2021 3/3