M/S.Tubes Mart v. K.C.Sethia

A.No.6546 of 2016 in C.S.No.485 of 2013 N.Sathish Kumar, J., This application is filed by the applicant/plaintiff to receive the additional documents which is mentioned in the list of documents annexed with the Judges summons.

2. Heard the learned counsel for the applicant as well as the learned counsel for the respondent.

3. Considering the submissions made on either side and considering the fact that no objection raised on the side of respondent and also going through the averments made in the affidavit, I am inclined to allow the application, but, however the documents sought to be received as additional evidence can be marked subject to proof, relevancy and admissibility at the time of evidence.

4. Therefore, the applicant/plaintiff is permitted to receive the additional documents, subject to proof and relevancy of those documents. It is open to the parties to raise their objections with regard to the admissibility and relevancy of those documents at the time of recording the evidence

N.Sathish Kumar, J., nvi before the learned Additional Master-I and the learned Master-I shall record such objections leaving it to the Court to decide about the admissibility and relevancy of those documents at the time of arguments.

5. With the above observations, the application is allowed. The Registry is directed to list the matter before the learned Additional Master-I on 03.01.2017 for recording further evidence. The learned counsel for the applicant/plaintiff shall receive the original document before the learned Additional Master-I at the time of recording evidence. It is also directed that both the parties shall co-operate with the learned Additional Master-I in recording the evidence.

21.12.2016 nvi A.No.6546 of 2016 in C.S.No.485 of 2013 http://www.judis.nic.in