ARUCHAMY Vs. RAMASAMY

JUDGEMENT

(1.) AGGRIEVED over the fair and decreta l order dated 19. 04. 2006 made in I. A. No. 183 of 2006 in o. S. No. 71 of 2005 on the file of the learned II Additional Subordinate Judge, Coimbatore , the petitioner/third party has filed the present civil revision petition.

(2.) FOR the sake of convenience the parties will be referred to as arrayed before the Court below.

(3.) ACCORDING to learned counsel for the petitioner a document not registered cannot be considered even for collateral purposes is against the well established principles of law and various decisions rendered by this Court. Further, learned counsel would contend that as per ambit of section 31 of Code Civil Procedure, the petitioner has got a right to produce documents in support of his evidence and if such right is curtailed the purpose of summoning a witness under Section 31 would defeat and consequently the ends of justice cannot be met. Mere marking of the document cannot be refused which undoubtedly curtails the right of a person to led evidence in support of his case and therefore, he cannot be thrown at the threshold. Thus the document sought to be marked is only the Panchayat Muchalika and therefore refusing to permit the same has resulted in miscarriage of justice.