NATESA NAICKER Vs. POONGAVANAMMAL

JUDGEMENT

(1.) THE defendant in O. S. No. 63 of 1997 on the file of the Additional District Munsif, Chengam, challenges the order dated 10. 02. 2005 made in I. A. No. 37 of 2005 in O. S. No. 63 of 1997, in and by which, the learned District Munsif has allowed the said application filed for acceptance of the document-memorandum "kuri chittu".

(2.) THE objections of the learned counsel for the petitioner are that the said document viz. , memorandum is an unregistered document and the same cannot be entertained and the respondent herein-plaintiff has not adduced any reason for not filing the said document at the time of filing of the suit. According to the learned counsel for the petitioner, the affidavit filed in support of the application for acceptance of the said document does not contain any such details.

(3.) ON going through the affidavit, counter affidavit and the impugned order of the learned Additional District Munsif, Chengam as well as the plaint averments, I am unable to accept the said contention. It is useful to mention that even in para 5 of the plaint, the plaintiff has specifically stated as follows: