KUPPAMMAL Vs. UMAYARANI

JUDGEMENT

(1.) THE petitioners/defendants have preferred the instant Civil Revision Petition, as against the order, dated 08.12.2011, in I.A.No. 122 of 2011 in O.S.No. 305 of 1978, passed by the Learned Additional District Munsif, Tindivanam.

(2.) THE Learned Additional District Munsif, Tindivanam, while passing the order in I.A.No. 122 of 2011 in O.S.No. 305 of 1978, dated 08.12.2011, has categorically inter alia observed that "on behalf of the plaintiff, Ex. No. 8 sought to be marked is a release deed and the said document is to be registered as per law and as per Sections 17 and 49 of the Registration Act 1908, it cannot be marked and also received in evidence as per the contention advanced on behalf of the petitioners" and resultantly has come to the conclusion that through the settlement deed, dated 18.12.1962, no right has been relinquished in respect of immovable property and also that the said document is not marked for the purpose of primary reason and only for incidental / ancillary reason, the said document can be marked and resultantly, dismissed the application without costs.

(3.) IT is the plea of the petitioners/defendants that the unregistered document filed by the Respondents/plaintiffs ought not to have been permitted to be marked in the main case.