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2021 Supreme(Ker) 889

A.BADHARUDEEN
Mohammed Kaleel, S/o. Mohammed Haneefa – Appellant
Versus
P. Radhakrishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.HARIKUMAR
For the Respondent:R.LAKSHMI NARAYAN FOR RESPONDENT

JUDGMENT :

This is an original petition filed challenging order passed by the Principal Sub Court, Thiruvananthapuram in I.A.No.2694 of 2018 in O.S.No.723 of 2011, for the third time.

2. This case is a typical example to see how a petition matter involving reception of documents would stall the trial.

3. The challenge in this original petition is Ext.P8 order dated 01.10.2021 in I.A.No.2694 of 2018(hereinafter will be referred as IA) in O.S.No.723 of 2011.

4. O.S.No.723 of 2011 marked as Ext.P1 in this matter is a suit for money filed by the plaintiff who is the respondent herein where the petitioner herein got arrayed as the defendant. The original petitioner filed IA to receive additional documents after trial had commenced. The learned Sub Judge allowed the IA and received documents initially. However, the respondent herein challenged the said order in O.P.(C)No.3043 of 2018 before this Court and as per order dated 18.12.2018 marked as Ext.P6 herein, the said order was set aside and the court below was directed to re-consider the same and pass appropriate orders.

5. Later, in tune with Ext.P6 order, the learned Sub Judge re-considered the IA subject to payment of cost of Rs.1,000/-as

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