R RAVINDRAN Vs. M RAJAMANICKAM

JUDGEMENT

(1.) THE petitioner has sought for setting aside the order dated 29. 12. 20 03 made in O. S. No. 47 of 2002 on the file of Sub-Court, Tiruvarur. The revision petitioner is the plaintiff in the suit.

(2.) THE suit is filed for recovery of a sum of Rs. 5,38,000/- with subsequent interest and costs from the respondent herein/defendant. The case of the plaintiff is that the defendant borrowed two loan amounts of rs. 2,00,000/- each from the plaintiff and failed to repay the same and the suit claim is the balance outstanding in the transaction.

(3.) DURING the trial of the case, the plaintiff sought for marking Plaint document Nos. 1 and 2 as exhibits on his side and that was objected to by the defendant on the ground that the documents are inadmissible in evidence. The trial Court in the impugned order held that both the documents are promissory notes payable otherwise than on demand and as the documents were insufficiently stamped, they are inadmissible as per Section 35 of the Stamp act and cannot be marked as exhibits. Challenging that order, the present revision is preferred.