KARUPPA PADAYACHI Vs. JAYACHANDRAN

JUDGEMENT

(1.) This Civil Revision Petition is directed against the fair and decretal order dated 31.7.2003 made in I.A.No.357 of 2003 in O.S.No.263 of 2000 by the Court of Subordinate Judge, Kallakurichi thereby dismissing the Interlocutory Application filed by the petitioner under Section 151 of the C.P.C. praying to reopen the case for the purpose of marking a hand bill as a document.

(2.) Today, when the above Civil Revision Petition was taken up for consideration in the presence of the learned counsel for the petitioner and the learned counsel for the respondent, the learned counsel for the petitioner would submit that the petition was filed under Order XIII Rule 5 C.P.C. to receive the hand bill as a document and to permit the petitioner to mark it as an exhibit; that the learned Subordinate Judge has passed an order without adhering to the ratio of the decision of the Hon'ble Supreme Court of India reported in (2001)3 SCC (1); that the appreciation of the evidence by the learned Subordinate Judge is perverse and unsustainable in law; that the learned Subordinate Judge has erred in holding that there are infirmities in the document sought to be marked. On such grounds, the learned counsel would pray for the relief extracted supra.

(3.) In the judgment of the Hon'ble Apex Court reported in (2001)3 Supreme Court Cases 1 (Bipin Shantilal Panchal Vs. State of Gujarat and Another), it is held: