SUMATHI @ JESINTHAL Vs. SENTHAMARAI

JUDGEMENT

(1.) This memorandum of Civil Revision Petition has been directed against the fair and decreetal order, dated 10.12.2013 and made in I.A.No.144 of 2013 in O.S.No.42 of 2010 on the file of the Additional Sub-Court, Kumbakonam.

(2.) The Revision Petitioner herein is the defendant, whereas, the respondent herein is the plaintiff in the suit in O.S.No.42 of 2010.

(3.) The above civil suit has been filed by the respondent/plaintiff as against the revision petitioner/defendant, seeking the relief of recovery of possession and also for the past mesne profits. Prior to this suit, the revision petitioner/defendant had filed another suit in O.S.No.173 of 2007 on the file of District Munsif Court, Valangaiman at Kumbakonam. Thereafter, this suit was transferred to the District Munsif Court, Kumbakonam, on the ground of territorial jurisdiction and subsequently, it was taken on file and re-numbered as O.S.No.710 of 2009. Then, a petition was filed before the District Court, Thanjavur, to transfer the above said suit i.e., O.S.No.710 of 2009 to the file of Additional Subordinate Court, Kumbakonam, to be tried along with the present suit. Accordingly, both the suits have now been consolidated together and joint trial is commenced. Under this circumstance, the respondent/plaintiff has marked Ex.A12 on her side, which was vehemently objected to by the revision petitioner/defendant on the ground that in the absence of any reference with regard to Ex.A12 in the plaint, the respondent/plaintiff is not entitled to mark this document on her behalf without following the proper procedure. Therefore, the revision petitioner/defendant has taken out an application in I.A.No.144 of 2013 under Order 13 Rule 3 and r/w. Section 151 of C.P.C., to reject the above said document, viz., Ex.A12. This petition was vigorously resisted by the respondent/plaintiff and after hearing both sides, the learned trial Judge, viz., the Additional Subordinate Judge, Kumbakonam, has dismissed the petition, on 10.12.2013. Against which, the present revision petition has been filed by the revision petitioner/defendant.