PUSHPA BAI STALIN Vs. DHAYA POOMKAMAZH

JUDGEMENT

(1.) Plaintiffs are the petitioners.

(2.) The suit in O. S. No. 761 of 1991 filed for partition was decreed by the Trial Court. The defendants/ respondents herein filed A. S. No. 32 of 1996 before the Sub-Court. Padmanabhapuram. In the said appeal, the respondents filed I.A. No. 123 of 2001 under Order 41. Rule 27 and S. 151, CPC praying the appellate Court to permit them to produce seven additional documents which was allowed. Aggrieved by the said order. the petitioners/plaintiffs filed the present civil revision petition.

(3.) Learned counsel Mr. Godwin appearing for the petitioners submits as follows : Out of seven documents sought to be filed, gift deed dated 4-3-1985 executed by Nesayyan Nadar in favour of Dhaya Poomkamazh was already filed as Ex. A10 before the Trial Court and the Hypothecation Deed dated 3-9-1979 executed by Jebamony in favour of Anna Sinka Pukazb was not relating to the subject matter of the appeal and the remaining five documents are relating to the period after the disposal of the suit. The Trial Court, without considering the above said facts has mechanically allowed the I.A.