SELVAN Vs. MOHAMAD GANI

JUDGEMENT

(1.) THIS Civil Revision petition arises out of the dismissal of an Application filed by the plaintiff to mark a document dated 20.4.2005 as plaintiffs Exhibit.

(2.) HEARD, Mr. S.R. Prem Anand, learned counsel for the petitioner and Mr. S.M. Vincent, learned counsel for the respondent.

(3.) AS rightly contended by the learned counsel for the petitioner, the Suit is merely one for recovery of money. It is not a Suit for foreclosure. Therefore the petitioner wanted to rely upon the document in question, just for the purpose of establishing the loan transactions between the parties. In such circumstances, when the petitioner is not suing on an unregistered mortgage deed, the Court below ought to have accepted the document to be marked in evidence. This is a settled position in law. Therefore, the Court below was wrong in rejecting the Application.