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1997 Supreme(Mad) 1529

A.RAMAMURTHI
J. Samuel – Appellant
Versus
S. Mathisa Pandian and others – Respondent


Advocates:
Mr. R. Sundararajan for Mr. C.R. Rajesh Advocate for Petitioner. Mr.
A.L. Somayaji, Senor Counsel for Mr. P. Gunaraj for Respondent No.1, Mr. N. Sundar for Respondent No.2.

Judgment :

1. The revision petition hasbeen filed against the order of the learned Additional Sub-Judge, Tirunelveli. in I.A.No.195 of 1997 in O.S.No.64 of 1988 dated 30.97.

2. The petitioner/plaintiff filed a petition under Section 151 of the Code of Civil Procedure to reopen the trial in the suit for letting in additional evidence. The petitioner is said to have purchased the property from the 1st respondent on 30.10.86 under the sale deed Ex.A5. Now the petitioner came to know that the 1st respondent has no title in Survey No. 101/6 in an extent of 0.63 cents. The petitioner already filed I.A.No.110 of 1997 and it was dismissed on 26. 97. The Deputy Tahsildar, Sivagiri, has given a certificate to the effect that the 1st respondent had no title in the aforesaid survey number and the petitioner sought an opportunity of proving the same by letting in additional evidence since the evidence was already closed and the case was posted for arguments.

3. The respondents resisted the application and contended that the 1st respondent had title to an extent of 0.63 cents in S.No.101/6. The trial in the suit was already endorsed commenced on 1. 96 and the petitioner had already twice befor
















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