N P LAKSHMANAN Vs. R RANGANATHAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 13.10.2014 made in I.A.No.55 of 2014 in O.S.No.324 of 2012 on the file of the III Additional District Munsif Court (Trainee District Judge) Salem.

(2.) The petitioners are defendants and the respondent is plaintiff in O.S.No.324 of 2012 on the file of the III Additional District Munsif Court, Salem. The respondent filed said suit for partition. The petitioners filed written statement in the month of September 2012 and are contesting the suit. Trial commenced and the respondent let in evidence and closed his side. The second petitioner filed proof affidavit on 06.09.2014. The petitioners filed I.A.No.55 of 2014 under Order VIII Rule 1-A(3) of C.P.C. to condone the delay in filing the documents and to receive the same. According to the petitioners, four documents, which were mentioned therein, sought to be filed are vital to prove their case. Those documents got mixed up with other papers. Therefore, they could not file the same in time.

(3.) The respondent filed counter affidavit and denied the averments made in the said application and submitted that those documents sought to be filed by the petitioners are created documents for the purpose of suit. Those documents are subsequent to filing of the suit and relates to the property belonging to the second petitioner and not connected with the suit property.