PERUMAYEE Vs. RAMASAMY

JUDGEMENT

(1.) THE defendants are appellants before the Fast Track Court, Namakkal in A. S. No. 266 of 2003. They filed an application under Order 41 Rule 27 C. P. C. seeking for reception of additional document in I. A. No. 1 of 2008. The said document is a copy of the Sale Deed dated 31. 01. 2000 executed by the 4th defendant, Paramasivam in favour of the third plaintiff, Venkatachalam.

(2.) LEARNED counsel for the petitioner would submit that inasmuch as the document is very much relatable to the suit property and it would be more essential for discussion in the appeal, it has to be received as additional evidence.

(3.) IN the counter, the respondents have alleged that since the document came to existence during the pendency of the case, the transaction is hit by the principle of lis pendens under Section 52 of the Transfer of Property Act and the petitioner has not adduced any convincing reason for the failure to produce such document before the Trial Court itself.