LAWS(MAD)-2006-8-225

DAMODARAN Vs. POONGAVANAM AMMAL

Decided On August 18, 2006
DAMODARAN Appellant
V/S
POONGAVANAM AMMAL Respondents

JUDGEMENT

(1.) THESE Civil Revision Petition nos. 285 and 286 of 2005 have been filed against the common order dated 26-10-2004 passed in I. A. Nos. 713 and 714 of 2004 in o. S. No. 199 of 2004 on the file of the 4th fast Track Court (Addl. District Court) at poonamallee.

(2.) THE 1st defendant in S. No. 199 of 2004 on the file of the IV Fast Track Court at Poonamallee (previously O. S. No. 475/ 1994 filed before the Sub Court, Poonamallee) is the revision petitioner.

(3.) THE respondents herein filed O. S. No. 475/1994 for partition and separate possession, for rendition of proper accounts and also for other reliefs. The defendants in the suit filed I. A. Nos. 713 and 714 of 2004 praying to grant leave to them for the reception of the document, i. e. , the xerox copy of the share certificate dated 29-7-1989 in the name of the 3rd plaintiff (Selvaraj) and they should be recalled to mark the same. This was seriously objected to by the respondents herein by contending that the application is a belated one and they are not having the original certificate and as a kartha of the family the revision petitioner alone must be having the original document and he must be directed to produce the same. The trial court on 26-10-2004 dismissed both the applications on the ground that the revision petitioner has not taken any step to comply with the statutory requirements under Sec. 65 of the Indian Evidence Act. Aggrieved by the order, the above Civil Revision Petitions have been filed under Article 227 of the Constitution of India.