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Madras High CourtA/4902/2022allowed

Vaijayanthi R.Chari v. N.B.Geetha

2022-11-09Honourable Mr Justice C.V. Karthikeyan3 pages

A.No.4902 of 2022 in C.S.No.202 of 2018 C.V.KARTHIKEYAN, J.

This Application has been filed by the defendant in the suit seeking permission to produce further documents which had been described in the judges summons to the application. 2.In the list of documents, Document Nos.1 to 9 are all Settlement Deeds or Cancellation of Settlement Deeds and they are registered documents. If there is any doubt, certified copies can always be produced to find out the veracity and correctness of the documents. Document No.10 is a receipt said to have been issued by the plaintiff. Document No.12 is again a Sale Deed, which is registered. Document No.13 is a patta relating to the house property. Document No.14 is again a registered document, is a Partition Deed.

3.The learned counsel for the respondent had raised an objection that only photocopies have been produced. But the documents being registered documents, the correctness of the same can easily be verified by either one of the parties. However, it had also been represented there is no objection for production of ten of the documents, but there was objection only with respect to four documents.

4.The learned counsel for the petitioner, however, stated that the originals have been produced and they can always be compared by the counsel for the respondent.

5.With respect to the order granting Letters of Administration in O.P.No.656 of 1987 dated 05.01.1989 which is shown as Document No.11, the learned counsel for the respondent can always file a search memo in the Registry and verify for himself whether such an order was passed by the High Court. This is an exercise which should be done by the learned counsel even without stating by the Court. 5.Observing as above, I would permit the documents to be produced as evidence, but however subject to relevancy and subject to proof in manner known to law. The issue of admissibility would not normally arise in the case of registered documents. This Application stands allowed.

6.List the matter before the learned Additional Master - III on 14.11.2022 for recording chief examination of the defendant. 09.11.2022 smv

C.V.KARTHIKEYAN,J.

smv A.No.4902 of 2022 in C.S.No.202 of 2018 09.11.2022