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Madras High CourtA/4450/2022allowed

R. Ravinder And 2 Others v. R.Prabhakar And 3 Others

2022-10-26Honourable Mr Justice G. Chandrasekharan2 pages

A.No.4450 of 2022 A.No.4450 of 2022 in T.O.S.No.18 of 2008 G.CHANDRASEKHARAN.,J Application No.4450 of 2022 is filed to receive the additional documents mentioned in judges summon. 2.

The learned counsel for the applicant submitted that these documents are necessary and therefore, xerox copies of these documents shall be received. It is vehemently opposed by the learned counsel for the respondent on the ground that xerox copies cannot be received.

3.

A perusal of the list of documents shows that the first document is death summary of Testatrix, the copy of the same can be received. The Second document is the Certificate issued by Doctor Prof.A.Ramachandran confirming mental stability of the Testatrix. The xerox copy is produced and the same cannot be permitted to be received. The original certificate can be received subject to proof by the concerned Doctor by examining him as a witness. The Third document is the copy of property tax payment receipt made by the 1st plaintiff. The original must be available with the plaintiff, however if the original is not available on the satisfactory reason given by the plaintiff, copy of the property tax receipt can be received. 4th document is the copy of letter issued by the office of the Collectorate, https://www.mhc.tn.gov.in/judis

A.No.4450 of 2022 Chennai and last document is the letter by 1st plaintiff to the Branch Manager, State Bank of India, T.Nagar, Chennai - 17. The plaintiff received the letter issued by the Collector Chennai. He must be having the original and therefore, the original should be produced. If the original is not available on giving satisfactory reasons, copy can be received. Insofar as letter issued by plaintiff to the Branch Manager, the original must be available with the Branch Manager and therefore, copy may be received. Accordingly, this application is ordered.

2.

The Registry is directed to send back the matter to the concerned learned Master for recording evidence. 26.10.2022 rka https://www.mhc.tn.gov.in/judis