R. SUJATHA Vs. K. S. LAKSHMIKANTHAMMA

JUDGEMENT

(1.) Petitioner has filed the present petition and has sought for setting aside of the impugned order dtd. 16/9/2022, whereby the application filed by the petitioner - defendant under Sec. 151 of CPC seeking to delete Ex.P.16, has been dismissed by the Court of Small Causes.

(2.) The brief facts are that a suit for eviction has been filed by the landlord - plaintiff against the defendant. During the course of cross-examination of the defendant, it is submitted that Xerox copy of rent agreement dtd. 14/2/2008 was shown to the defendant and she had admitted the signature. The said Xerox copy of the rental agreement was marked as Ex.P.16 subject to objections of the defendant.

(3.) Learned counsel for defendant submits that the said rent agreement is concocted agreement and a police complaint has been filed in that regard. It is further submitted that when confronted with the document, the defendant has admitted without fully realising the implication of her statement and that marking was also done in an improper manner as the full document was not shown to the defendant. Subsequently, the defendant has filed the application as referred to above.