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2022 Supreme(Ker) 48

A.BADHARUDEEN
Alice – Appellant
Versus
Moly, W/O. Theyilakkadan Paulson – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Sri. George Varghese (Perumpallikuttiyil), Sri. A.R. Dileep, Sri. P.J. Joe Paul, Sri. Manu Srinath, Sri. Rajan G. George, Sri. Nimesh Thomas, Advs.

JUDGMENT :

Orders in I.A.Nos.9/2020, 11/2020 and 12/2020 in O.S.No.568/2013 pending before the Principal Sub Judge, Thrissur are under challenge in O.P.(C) No.173/2022 filed by the plaintiff in the above suit.

2. Orders passed on the same day in I.A.Nos.10/2020 and 13/2020 in the same suit are under challenge in O.P.(C) No.174/2022 filed by the plaintiff.

3. The crux of the dispute in O.P.(C) No.173/2022 is that while cross-examining PW3, the brother of the parties in this case, a photo copy of an alleged agreement executed between the petitioner and the respondent got marked as Ext.B1, when PW3 admitted, when confronted the same.

4. It is contended by the learned counsel for the petitioner that Ext.B1 was marked in evidence, despite strong objection raised by the learned counsel for the plaintiff. Copy of the deposition of PW3 is produced as Ext.P4 in this case. Initially, PW1 was cross-examined and, thereafter, he was re-examined. Then, PW3 was further cross-examined with permission of the court. Then, photocopy of the agreement dated 23.05.2021 shown to the witness and asked whether he had put signature in the copy of the agreement as a witness? He readily admitted without any hesit

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