ANBU Vs. C YOGANANDAM

JUDGEMENT

(1.) THE revision petitioner/respondent/plaintiff has filed this present civil revision petition as against the orders dated 27.6.2007 in I.A.No.808 of 2007 in O.S.No.48 of 1995 passed by the learned District Munsif, Poonamallee in allowing the application filed by the respondent/petitioner/defendant under Order 18 Rule 17 of CPC to recall D.W1 for marking of documents.

(2.) THE trial Court, while passing orders in I.A.No.808 of 2007 in O.S.No.48 of 1995 has inter alia opined that' the parties are contesting and the suit being filing three cases against each other etc and that the defendant/petitioner has sought for permission of the Court, to recall himself and mark these documents in order to provide an opportunity to bring all records and put forth and in order to give a quietus to litigation on merits,' has allowed the application on the ground that no prejudice will be caused to the plaintiff and it is always open to the revision petitioner/respondent/plaintiff to cross examine and put forth his case.

(3.) THE revision petitioner/respondent/plaintiff has filed a counter inter alia stating that the application for recalling D.W.1 is devoid of merits and that D.W.1 in his cross examination has deposed that he has been in possession of the disputed suit property in several generations and so if he would have been issued 'B' memos and kist receipts, house tax receipts even during 1960s and 1970s. But the documents produced for reception is from 1994 onwards and it shows that the petitioner has obtained the said documents by exercising his influence on the authorities and thereby the genuineness of the document is in doubt.