K VEERABADRAN Vs. K VENUGOPAL

JUDGEMENT

(1.) This revision petition is directed against the Order dated 12.12.2008 in O.S. No. 159 of 2000 whereby and where under, the document produced by the revision petitioners dated 5.8.1993 was rejected as inadmissible in evidence.

(2.) The suit was preferred by the first Respondent against the revision petitioner and respondents 2 to 5 praying for a judgment and Decree of partition to divide the property into three shares and to allot one such share to him. The said suit was contested by the revision petitioners by filing Written Statement.

(3.) Subsequently, the matter was taken up for trial. After the closure of the evidence on the side of the plaintiff, it was the turn for the Defendants to adduce evidence. While D.W. 1 was in the midst of chief examination, a document dated 5.8.1993 was attempted to be marked as an exhibit. Since the said document was not sufficiently stamped and as it was not registered, the admissibility of the said document was put in issue.