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2011 Supreme(Kar) 18

RAM MOHAN REDDY
Vijayalakshmi – Appellant
Versus
Nagaraju – Respondent


Advocates Appeared:
For the Petitioner:Harish H.V. Advocate.
For the Respondent: --------.

JUDGMENT

1. The rejection of plaintiff’s I.A.No.6 under Order 13 Rule 4 CPC to consider the admissibility of the document dated 9/7/2002 marked as Ex.D1 by order dt. 25/10/2010 in O.S.No.83/06 of the Senior Civil Judge & JMFC, Madhugiri, is called in question in this petition.

2. Petitioner instituted O.S.No.83/06 arraigning the respondent herein as the defendant to recover possession and for arrears of rent of Rs.45,000/- as also enquiry into mesne profits from the date of suit till the date of delivery of possession. The defendant, on notice, entered appearance, resisted the suit by filing written statement. In the premise of pleadings of parties, the trial Court framed issues and the parties entered trial. After the closure of plaintiff’s evidence, the defendant entered upon his evidence, whence on 28/1/2000 introduced 8 documents marked unopposed, as Ex.D1 to D8, as neither the petitioner nor her counsel were present before court. The petitioner on 27/11/2010 filed I.A. No.6 under Order 13 Rule 4 CPC to re-consider the admissibility of the document dt.9/7/2002 marked as Ex.D1 on the premise that it was insufficiently stamped and ought to be impounded and direction be issued to












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