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Madras High CourtA/5627/2022allowed

Mrs.S.Vijayalakshmi And 2 Others v. Dilip Kumar Ostwal

2022-12-14Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A No.5627 of 2022 A.No.5627 of 2022 in C.S.No.686 of 2019 SENTHILKUMAR RAMAMOORTHY, J.

The defendants in the suit have presented the application for leave to exhibit the additional documents described in the schedule to the Judge's summons.

2. The suit is at the trial stage and the plaintiff's witness was examined. Learned counsel for the applicants/defendants states that these documents pertain to the repayment of the rental advances to tenants. By drawing reference to paragraph 1 (e) of the counter, it is submitted that the respondent/plaintiff acknowledged that the first applicant is undertaking repair work on the ground floor. Therefore, it is submitted that the receipts evidencing return of rental deposit are relevant.

3. Since the evidence of the defendant has not been recorded until date, granting permission to the applicants/defendants to exhibit these documents does not cause prejudice to the plaintiff provided the plaintiff permitted to raise objections.

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A No.5627 of 2022 SENTHILKUMAR RAMAMOORTHY, J kal 4.Accordingly, this application is allowed subject to the right of the plaintiff to raise objections inter alia on grounds of admissibility, relevance and proof.

14.12.2022 kal A.No.5627 of 2022 in C.S.No.686 of 2019 (1⁄2) 2/2 https://www.mhc.tn.gov.in/judis