Titus Samuel v. Sophia Samuel

A.No.5519 of 2023 in O.P.No. 149 of 2021 N.SATHISH KUMAR. J., This application has been filed seeking to eschew the evidences recorded in proceedings in the above Original Petition.

2. It is the grievance of the applicant that the original petition is itself is in respect of guardianship, however, the questions have been asked with regard to the applicant's family.

Those evidences are to be eschewed.

3. This Court, on perusing the evidences is of the view that as a matter of right, the applicant cannot seek such relief. When certain questions are posed to the witness; the witness has been confronted with regard to family background and answer is also come on record, as a matter of right, the evidences cannot be removed or eschewed. Hence, this Court is of the view that there is no such provisions in law to eschew the evidences. The evidences are come on record in the cross examination.

4. Accordingly, this application stands dismissed. No costs.

19.10.2023 dhk https://www.mhc.tn.gov.in/judis