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1993 Supreme(Mad) 103

PRATAP SINGH
Kovilpatti Sri Dhandayuthapani Trust, through its Hugdar A. Seethalakshmi – Appellant
Versus
M. Tilakaraj – Respondent


Advocates:
K.Alagiriswamy, Senior Counsel, for T.Ravikumar, P.T.S.Narendravasan and T.Muruganandan, for Petitioner. P.Peppin Fernando, for Respondent.

Judgment :

This revision is directed against the Order in I.A.No.1610 of 1992 in O.S.No.330 of 1992 on the file of the District Munsif, Kovilpatti, in which the learned District Munsif has passed an order, holding that the document dated 28. 1992 is not admissible in evidence.

2. Short facts are: The respondent has filed the suit in O.S.No.330 of 1992 for permanent injunction against the petitioner herein. He also filed petition in I.A.No.1610 of 1992 under 0.39, Rule 1 and Sec.l51,C.P.C.,prayingfor temporary injunction restraining the respondent from interfering with his possession. That was opposed by the revision petitioner herein who was the respondent in the trial court. In that enquiry, the revision petitioner herein had filed the document dated 28. 1992 given by the respondent herein, duly attested by two witnesses. Objection was raised f6r eceiving it in evidence. On that objection, the learned District Munsif has passed an order, holding that it is not admissible in evidence. Aggrieved by the same, this revision petition is filed.

3. Mr.K.Alagiriswamy, the learned senior counsel appearing for the revision petitioner would submit that this document does not extinguish any










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