LAWS(MAD)-2011-12-147

A MANICKAVASAGAR Vs. S P RAVICHANDRAN

Decided On December 16, 2011
A. MANICKAVASAGAR Appellant
V/S
S.P. RAVICHANDRAN Respondents

JUDGEMENT

(1.) This Civil Revision Petition arises out of the order dated 11.12.2009 made in I.A. No.112 of 2009 in O.S.No.9 of 2007 on the file of II Additional District Munsif Court, Bhavani.

(2.) Petitioner, who is the defendant filed an application in I.A.No.112/2009 under Order 11 Rule 14 of C.P.C. & Section 151 of C.P.C. for directing the plaintiffs to produce any registered or public document containing signature of the first respondent/first plaintiff for the relevant period of unregistered usufructuary mortgage deed dated 28.08.2003 to compare the signature of the first respondent in the said mortgage deed with the admitted signature of the first respondent in the document to be produced.

(3.) The first respondent/first plaintiff resisting the same by way of filing the counter stated that the document itself is forged and since it is unregistered and void document, it cannot be an admissible evidence. Hence, he prayed for the dismissal of the application. The learned Additional District Munsif after hearing the argument of both sides dismissed the application, against which, the present revision has been preferred.