T.Gandhimathi v. Uma@Umamaheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ AND CMP NO.17596 OF 2019 T.Gandhimathi ...

Petitioner VS.

1.Uma @Umamaheswari 2.P.Sivanandham ...

Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 17.06.2019 passed by the learned Principal Subordinate Judge at Coimbatore in I.A.No.1 of 2019 in O.S.No.852 of 2014.

For Petitioner :

Mr.L.Mouli

O R D E R

This Civil Revision Petition is directed against the order allowing the interlocutory application filed by the first respondent / plaintiff to receive additional documents subject to relevancy, admissibility and proof.

1/4

2. From a perusal of the records, it is seen that the documents were only received by the Trial Court and they were not marked. The grievance of the petitioner is that many of the documents are xerox copies and they cannot be marked as exhibits by the Trial Court. A reading of the order passed by the learned Trial Judge clearly shows that the documents are only received subject to objection as to relevancy, admissibility and proof. If that is being so, the Trial Court will consider whether the documents are relevant and whether the xerox copies can be admitted or not, at the time of marking and at the time of trial. Now it is premature to apprehend that all these documents were admitted by the Trial Court. Therefore, I do not find any infirmity in the order passed by the Trial Court.

3. In fine, the Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed. 14.08.2019 Index : Yes/No Internet : Yes/No Speaking / Non-speaking order TK 2/4

To The Principal Subordinate Judge Coimbatore.

3/4

M.GOVINDARAJ, J.

TK 14.08.2019 4/4