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1983 Supreme(Mad) 494

RATNAM
T. M. Mohana – Appellant
Versus
V. Kannan – Respondent


Advocates:
J. Stanislas, R. Gopalakrishnan and A. Fathimanathan, for Petitioner, S. V. Jayaraman and N. Maninarayanan, for Respondent.

Judgement

ORDER :- The defendant in O.S. No. 116 of 1979, I Additional Sub-Court Pondicherry, is the petitioner in this civil revision petition, which is directed against the order of the Court below, holding that the petitioner cannot confront the respondent herein with a document not filed or disclosed earlier in the course of his cross-examination as P. W. 1, without obtaining prior leave of the Court by filing an application to receive the document after notice to the respondent. In the suit, the respondent has prayed for the relief of recovery of money against the petitioner being the value of the construction work done by him and also cost of materials stated to have been unlawfully taken by the petitioner and other incidental reliefs. This claim of the respondent has been denied by the petitioner in her written statement on several grounds, which need not be noticed in detail. On 6-10-1982, at the time of the cross-examination of the respondent as P.W. 1, the petitioner's counsel confronted the respondent with a document then produced by the petitioner. An objection was raised by the respondent that that document was not brought before the Court or to the notice of the Court














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