AVANI Vs. SOMASUNDARAM

JUDGEMENT

(1.) The 3rd defendant in the suit in O.S. No.69 of 2009 is the civil revision petitioner before this Court, challenging the order passed in I.A. No.119 of 2012 in O.S. No.69 of 2009, on the file of the Sub Court, Mannargudi, this civil revision petition has been filed.

(2.) The case of the petitioner/3rd defendant is that the suit in O.S. No.69 of 2009 has been filed before the learned Sub-Judge, Mannarguudi by the respondent/plaintiff for partition and separate possession of the suit property. This petitioners/defendants 3 and 4 are filed written statement denying the contentions of the plaintiff. Thereafter, the plaintiff has filed his Proof Affidavit and examined himself as PW1 and Exs.A1 to A7 were marked. The suit properties were purchased by the petitioner/3rd defendant and they could not come under partition. The respondent/plaintiff filed nine documents with the plaint. Out of which seven documents were marked, during the chief examination of plaintiff. The remaining two documents are sale agreement dated 15.05.1996 and 003.1998, since the counsel for the petitioners/3rd defendant and 4th defendant objected to mark the above two documents that they were not registered and they are not the title deed, and they are not the document of title and no title right effected with regard to the properties mentioned in those documents. Without examining the parties of the documents namely Shanmugam and Pachamuthu, the above documents could not be marked through the plaintiff, who is the third person to the document. Since the above documents are not related to this partition suit and the documents are created one it is not acceptable as per the provisions of law and hence the petitioners/3rd and 4th defendants prayed the Court to reject the above documents and therefore, they filed the documents in I.A. No.119 of 2012 in O.S. No.69 of 2009.

(3.) On receipt of the notice in the I.A., the counter affidavit has been filed by the 1st respondent/plaintiff and denied the allegations set out in the affidavit.