The Court allowed the applicant to file additional documentary evidence in a suit for declaration and injunction regarding suit property title, subject to admissibility, relevancy, and proof.
Increase the power of the plaintiff to produce original documents for further evidence in the suit, subject to admissibility, relevancy and proof.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.5055 of 2022 in C.S.No.172 of 2010
S.SOUNTHAR, J .
The applicants herein filed a suit for declaration and injunction against the respondents. It is stated that the first to eleventh respondents were already set exparte and the twelveth and thirteenth respondents are contesting respondents.
now sought to be produced by the applicants are very much necessary to prove the case on merits.
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this application on the ground that P.W.1 was cross examined even in the year
2016, thereafter, at the request of the applicants, P.W.1 was recalled and cross examined in the year 2020. Now, the evidence of the suit is posted for examination of further witnesses by the applicants.
affidavit filed in support of this application for receiving documents, the applicants have not given any acceptable reason to allow this application and consequently, he sought for dismissal of the same.
Having regard to the fact that the suit is for declaration and consequential injunction, in order to give ample opportunity to the parties and also in the interest of justice, this Court is inclined to allow the application by permitting the plaintiff to produce documents mentioned in the application subject to admissibility, relevancy and proof.
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possession of original documents and the original documents would be produced at the time of marking of the documents. In case, the applicants produce the original documents, the same can be received subject to admissibility, relevancy and proof.
05.12.2022
nti
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S.SOUNTHAR, J .
A.No.5055 of 2022 in C.S.No.172 of 2010
05.12.2022
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1 issue framed by the court
Whether to permit the applicant (plaintiff) to receive documentary evidence for further evidence after cross-examination of P.W.1.
1 provisions across 1 enactments
Applicants
Contesting Respondents
S Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
