P BENCY Vs. MARTIN MARY

JUDGEMENT

(1.) THE plaintiffs in O. S. No. 58 on the file of the Sub-Court, Padmanabhapuram have come forward with this Civil Revision Petition, challenging the Order dated 28. 02. 2006 made in unnumbered petition filed by the petitioners, rejecting the plea of the petitioners to receive a promissory note in evidence. The respondent herein is the defendant in the suit.

(2.) THE petitioners/plaintiffs have filed the above suit for recovery of a sum of Rs. 1,00,000/-, which is due under a promissory note dated 21. 01. 2003, said to have been executed by the respondent/defendant.

(3.) DURING the trial of the case, when P-W-1 was under examination, the disputed promissory note dated 22. 01. 2003, was sought to be marked in evidence on the side of the petitioners. Since it was opposed by the defendant stating that it is inadmissible, the petitioners have filed a petition (unnumbered)before the Lower Court requesting the Court to admit the same in evidence. But, the respondent herein opposed the same by filing counter. Having considered the same, the learned Subordinate Judge, by means of the impugned order, has rejected the petition, thereby refusing to admit the said promissory note in evidence. Challenging the said order of the Learned Subordinate Judge, the petitioners have come forward with this Civil Revision Petition.