CHIDAMBARAM CHETTIAR Vs. PARVATHI ACHI

JUDGEMENT

(1.) Petitioner is defendant in O.S. No. 29 of 1923 on the file of the Sub-Court, Mayavaram. Plaintiff is suing in forma pauperis for maintenance due to her as a Hindu widow after the lapse of 20 years, for her husband died in 1902. The petitioner contended in his written statement that she had gone to the home of her own people at the time of her husband's death, and they came to an oral arrangement that she should keep her jewels in lieu of maintenance. Issues were framed on 30 October 1923 and the suit was posted for hearing to 11th December 1923, and adjourned to 29 January 1924. In the interval, on 9th January 1924, the petitioner applied to file certain documents which he swore he had been unable to find earlier. The Subordinate Judge observing that the reason could not be accepted rejected the application. This Court ordered a rehearing, as the Subordinate Judge had not apparently directed his mind to the truth of the statement. Accordingly the application has been re-heard, and again rejected, and petitioner once again comes up in revision.

(2.) The learned Subordinate Judge has stated as the points for determination: Whether the reason given by the petitioner for his failure to produce the documents on the date of first hearing is true: and

(3.) Whether it is sufficient within the meaning of Order 13, Rule 2, Civil Procedure Code.