P.RAJAMANI Vs. J.PUSHPA

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.39 of 2016 in A.S.No.15 of 2011 on the file of the Subordinate Court, Tambaram, the 1 st defendant in the suit in O.S.No.404 of 2002 on the file of the Additional District Munsif Court, Alandur, has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S.No.404 of 2002 for permanent injunction.

(3.) After contest, the trial Court dismissed the suit, against which the plaintiff filed an appeal in A.S.No.15 of 2011. In the First Appeal, the plaintiff took out an application in I.A.No.315 of 2012 under Order 41 Rule 27 of the Civil Procedure Code to receive additional documents. After contest, the Lower Appellate Court allowed the application and received six additional documents and marked as Exs.A10 to A15. The defendants have not challenged the order passed in I.A.No.315 of 2012, which has become final. Subsequent to the reception of the additional documents, the plaintiff filed an application in I.A.No.39 of 2016 under Order 41 Rule 27 of the Civil Procedure Code to issue subpoena to the Tahsildar, Sholinganallur for adducing evidence in respect of Exs.A10 to A15 and Exs.B2 to B4 to ascertain the truth and genuineness of those documents. The defendants filed their counter and contested the application.