M.DAMODARAN Vs. GANESH GOLD THREAD MANUFACTURING CO.

JUDGEMENT

(1.) The defendant, aggrieved by the order of the trial Court in I.A.No.5 of 2025, directing the lease agreement dtd. 1/1/2005 to be impounded, is the revision petitioner.

(2.) I have heard Mr.V.P.Raman, learned counsel for Mr.S.Vedavel, learned counsel for the revision petitioner and Mr.Arvind Subramaniam, learned Senior Counsel for Mrs.M.Rajalakshmi @ Sathya for the respondent.

(3.) Mr.V.P.Raman, learned counsel for the revision petitioner would contend that the lease agreement in original was allegedly filed along with the plaint originally before this Court. Thereafter, the suit has been transferred to the file of the Commercial Court, Egmore, Chennai. It is the contention of the learned counsel for the petitioner that the original lease agreement was not marked, however, during cross-examination of DW1, the witness was confronted with a photostat copy of the said lease agreement dtd. 1/1/2005 and since the witness admitted the document, the trial Court has proceeded to mark the same. Subsequently, the present application in I.A.No.5 of 2025 has been taken up for unmarking the said photocopy of an unstamped and unregistered lease deed, which has been marked as Ex.A14 and also to consequently eschew the evidence insofar as Ex.A14 is concerned.