MICHAEL IRWIN FRANCIS Vs. TREVOR CHATLIER

JUDGEMENT

(1.) Challenging the order dated 04.11.2011 made in I.A. No. 213 of 2011 in O.S. No. 26 of 2010 passed by the learned District Judge. The Nilgris at Udhagamandalam, this Civil Revision Petition has been filed. The Revision petitioner is the defendant in the suit. The respondent/plaintiff has filed a suit in O.S. No. 26 of 2010 for (a) possession of the premises described in the Schedule, (b) payment of Rs. 1,08,000/- with interest thereon at 12% per annum from the date of suit till payment and (c) payment of future damages at the rate of Rs. 150/- per day from the date of suit till date of delivery of possession.

(2.) The petitioner/defendant has filed written statement and contested the matter. Evidence was let in and it was concluded. At that stage, the petitioner made an application in I.A. No. 213 of 2011 praying to record his objections in respect of the petition mentioned documents marked as Ex. A5, Ex. A6, Ex. A7 and Ex. A8 filed by the respondent/plaintiff.

(3.) The Trial Court, on consideration of the case of the parties, came to the conclusion that as far as Exs. A5, A6 and A8 are concerned, the petitioner had stated that such documents are insufficiently stamped and hence, these kind of objections have to be recorded only when the evidence is tendered, but, not after the documents had been admitted in evidence and marked as exhibits and thereby, dismissed the petition, against which, the present Civil Revision Petition is filed.