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1990 Supreme(Mad) 554

RATNAM
Essaki – Appellant
Versus
S. Royappan – Respondent


ORDER

Ratnam, J.

1. The defendants in O.S. No.66 of 1987, Additional District Munsif's Court, Tirunelveli, are the petitioners in this Civil Revision Petition, which is directed against the order passed by the Court below allowing I.A. No. 1835 of 1989 filed by the respondent herein praying that the respondent, who had been earlier examined, should be recalled and further examined and to mark in evidence the instrument on the basis of which the suit had been instituted.

2. In O.S. No.66 of 1987, the respondent had prayed for the relief of recovery of a sum of Rs.5,420/- from the petitioners on a promissory note. That promissory note had been executed on a stamp paper of the value of Rs.2.50. The petitioners raised an objection that the document on the basis of which the suit had been instituted by the respondent was not a promissory note, but that objection was over-ruled. However, the instrument as such had been omitted to be marked in evidence when the respondent was examined as P.W. 1 and in I.A. No. 1935 of 1989, the respondent prayed that he should be recalled and the document on 'the basis of which the suit had been laid, should be marked in evidence. In opposition to this, the



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