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Madras High CourtCRP/3002/2016dismissed

Vasudevan v. S.Haribabu

2016-09-23Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.)No.3002 of 2016 and CMP.No.15126 of 2016 Vasudevan

...Petitioner

versus S.Haribabu

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decree dated 20.07.2016 made in I.A.No.238 of 2015 in O.S.No.223 of 2007 on the file of the District Munsif Court, Sholinghur.

For Petitioner : Mr.G.Vigneshwar

O R D E R

The respondent filed an application in I.A.No.238 of 2015 to receive the documents on his side. The application was allowed by the Trial Court. Feeling aggrieved, the petitioner is before this Court.

2. It is the grievance of the petitioner that the documents were not filed earlier and as such, the Trial Court was not correct in accepting the documents during the time of trial.

3. It is a matter of record that along with chief evidence of D.W.1, the

respondent has produced certain documents. The learned Trial Judge having found that there were justifiable reasons for non-production of documents earlier, condoned the delay and received the documents.

4. The learned counsel for the petitioner contended that admissibility and evidentiary value of the documents have not been decided by the learned Trial Judge. The learned Judge has simply allowed the application filed by the respondent and marked the documents. The evidentiary value of the documents would be decided during the course of trial. The petitioner is yet to cross examine the defendants. It is always open to the petitioner to discredit the documents produced by the respondent while cross examining the witness. I am therefore of the view that no interference is called for in the order under challenge.

5. In the up shot, I dismiss he Civil Revision Petition. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2016 Index : Yes/No svki To

The District Munsif Court, Sholinghur.

K.K.SASIDHARAN, J.

(svki) C.R.P.(P.D.) No.3002 of 2016 23.09.2016