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2024 Supreme(Ker) 199

A. BADHARUDEEN
Vijayamma – Appellant
Versus
G. Venugopal, (Died) Lhs Recorded, S/o. Late Bhanumathy Amma – Respondent


Advocates Appeared:
For the Appellant : Sri. P.T. Girijan, Smt. Usha Narayanan, Sri. Abraham George Jacob, C. Muralikrishnan (Payyanur).
For the Respondent: Rinny Stephen Chamaparampil, Resmy M.S., Sri. Nirmal V. Nair.

JUDGMENT :

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.307 of 2004 dated 15.12.2017 on the files of the Court of the Additional District Judge-II, Mavelikkara arose from decree and judgment in O.S. No.479 of 2001 dated 30.07.2004 on the files of the Munsiff Court, Mavelikara. The appellants herein are defendants 1 to 5 and the respondents are legal representatives of the original plaintiff Bhanumathiamma and other defendants. Later, additional respondents 13 and 14 got impleaded as the legal heirs of the 4th respondent and additional respondents 15 to 16 got impleaded as the legal heirs of the 1st respondent.

2. Heard both sides in detail and perused lower court records.

3. As per order dated 22.03.2018, my learned predecessor admitted this appeal by formulating the following substantial questions of law :

    1. Can additional documents produced in an appeal under Order XLI Rule 27 of the Code of Civil Procedure (in short, CPC) which is disputed by the other party, be accepted in evidence without proof of those documents ?

2. When additional document

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