Dr.C.L.Metha Educational Trust v. Tamil Nadu Chemists And Druggists Trust

A. No.3639 of 2024 in C.S. No.254 of 2021 A. No.3639 of 2024 in C.S. No.254 of 2021 DR. G. JAYACHANDRAN, J.

This is an application filed by the plaintiffs to receive additional documents. This application is taken out in the midst of examination of witnesses. Photocopy of the certified copy of the sale deed dated 09.04.1975, income tax returns, letter from the Income Tax Department bearing Letter No.DIT(E) No.2(267)/05-06 and order dated 04.06.2020 passed by the Registrar, South Madras, are the additional documents now sought to be introduced by the plaintiffs.

2.

All these documents are secondary evidence. The reasons assigned by the applicants/plaintiffs for difficulty in producing primary evidence and the objection made by the learned counsel for the respondents/defendants considered.

3.

On scrutiny of this application, this Court finds that photocopy of a certified copy of a title deed as secondary evidence cannot be admitted in evidence. Hence, the prayer of the applicants/plaintiffs for receiving photocopy of registered document dated 09.04.1975 titled "sale deed" is rejected. In respect of other documents described in S. Nos.2 to 9, the same are to be received subject to proof and relevancy. https://www.mhc.tn.gov.in/judis 1/2

A. No.3639 of 2024 in C.S. No.254 of 2021 DR. G. JAYACHANDRAN, J.

cad In fine, this application is allowed in part. 28.11.2024 cad A. No.3639 of 2024 in C.S. No.254 of 2021 https://www.mhc.tn.gov.in/judis 2/2