DEIVANAI AMMAL Vs. KUMARAYEE AMMAL

JUDGEMENT

(1.) THE petitioner is the defendant in O.S.No.211 of 2000 on the file of the District Munsif, Thirumangalam. THE first and second respondents are the plaintiffs. THEy laid a suit for declaration and recovery of possession of the suit property. THE suit is in part-heard stage.

(2.) IT is stated that the plaintiff's side evidence was over and the matter is posted for the defendant's side evidence. At that time, the petitioner filed an application under Order 8, Rule 1 (3) C.P.C. praying the Court to receive and mark an un-registered sale deed dated 13.03.1991 in evidence for collateral purpose.

(3.) THE learned counsel for the petitioner would submit that inasmuch as the second defendant had already parted with the property, she cannot claim recovery of possession now. It is the further contention that the fact of un-registered sale deed was already pleaded in the written statement and it was also put during the cross-examination of P.W.1, however, she has denied.