SHRI DEVI KARUMARIAMMAN TEMPLE Vs. V SATCHIDANANDAM

JUDGEMENT

(1.) THE Civil Revision Petitioner/Petitioner/plaintiff has filed these three Revision petitions as against the orders dated 03.11.2008 in I.A.Nos.17699, 17700 and 17701 of 2008 in O.S.No.4346 of 2006 passed by the XV Assistant Judge, City Civil Court, in dismissing the applications filed by the revision petitioner praying permission of the Court to file Engineer's report, to reopen the case and to recall PW.1 respectively.

(2.) THE trial Court while passing orders in I.A.No.17699, 17700 and 17701 of 2008 has inter-alia opined that ' there is no necessity either compelling or sufficient to reopen the evidence on the side of revision petitioner/plaintiff to recall PW.1 and also to mark Engineer's report and resultantly dismissed the said applications.

(3.) THE learned counsel for the revision petitioner/plaintiff brings it to the notice of this Court a decision in the case of 'K. Kasthuri and others -vs- C.Mohan and others" reported in (2007(1) Law Weekly 560), wherein this Court has held that, 'right of a party to file a document at the time of hearing of the suit, if he has not already filed such document along with the plaint, is retained by the amendment of 2002 of Code of Civil Procedure etc., and that no infirmity in the order of the trial Court in allowing the application for receipt of additional documents etc.,.'