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2009 Supreme(Ker) 1044

S.S.SATHEESACHANDRAN
Nambi Narayanan – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:K. Rajesh Kannan, Advocate. For the Respondents: P. Parameswaran Nair, Asst. Solicitor.

Judgment :

The Writ Petition is filed seeking mainly the following reliefs:

1. That all records relating to Exhibit P5 be called to this Hon'ble Court and an order be passed setting aside Exhibit P5 order.

2. That the lower court be directed to mark the documents detailed in Exhibit P3 and proceed with the trial of the case.

3. That all further proceedings in O.S.No.370 of 2003 on the file of the Sub Court, Thiruvananthapuram be stayed pending disposal of this Writ Petition.

2. Petitioner is the plaintiff in O.S.No.370 of 2003 on the file of the Sub Court, Thiruvananthapuram. Suit was one for damages, and the respondents are the defendants. The trial of the case is now in progress. Petitioner/plaintiff as part of his evidence sought for exhibiting some documents which were referred to and marked in his affidavit filed before the court in lieu of his examination in chief. Marking and exhibiting of some of the documents referred to in the affidavit in evidence was objected to by the respondents/defendants. The learned Sub Judge, after hearing both sides, declined the marking of some of the documents produced by the plaintiff, and referred to in his affidavit, vide P5 order. Propriety
















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