1. The first defendant is the appellant.

.2. The plaintiff has filed the suit for declaration and permanent injunction is respect of the suit property. The defendants 1 and 2 resisted the same before the trial court. The trial Court has framed as many as five issues on the pleadings and one additional issue and has held that the plaintiff has no cause of action, the first defendant has got a right in the common pathway, the first defendant has a right to let out his eaves water on the northern extreme of the five feet space running north-south and the case of the first defendant that the plaintiff is not entitled to any of these three reliefs has been proved and dismissed the suit. As against the said judgment of the trial court, the plaintiff has preferred an appeal to the Sub Court, Srivilliputhur.

3. In the Sub Court, the appellant has filed an interlocutory application in I.A. No. 143 of 1990 under Order 41, Rule 27 of the Code of Civil Procedure for reception of a sale deed, as additional evidence, under which she had purchased a portion marked as C L N O in the plaint plan, from the second respondent on 21. 1986 and it has not been produced in the trial court a