BALASUBRAMANIAN Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) The defendant in the suit has filed this Civil Miscellaneous Appeal, aggrieved by the order of remand made in the First Appeal.

(2.) The respondents in this Civil Miscellaneous Appeal filed O.S.No.166 of 1999, on the file of the learned Additional District Munsif Court, Tiruchendur, seeking the relief of declaration and injunction in respect of the suit second schedule item. The learned trial Judge gave a finding that the plaintiffs have not filed any documentary evidence to show that the said suit item is in their possession and enjoyment. The suit was dismissed by judgment and decree dated 04.12.2002.

(3.) Aggrieved by the same, the unsuccessful plaintiffs filed A.S.No.96 of 2003 before the learned Principal District Judge, Tuticorin. They took out I.A.No.632 of 2003 for letting in additional evidence. The First Appellate Court noted that the three documents sought to be adduced as additional evidence by the plaintiffs will have to be proved by examining the witnesses and by subjecting them for cross-examination and without examining the witnesses, the said documents could not be received as additional evidence. The First Appellate Court dismissed the said I.A No. 632 of 2003 and A.S.No.96 of 2003 was allowed and in order to give them an opportunity to prove their case, the matter was remanded to the trial Court, for fresh disposal.