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2007 Supreme(Mad) 196

S.ASHOK KUMAR
D. Veeramani – Appellant
Versus
D. Vasu & Others – Respondent


Advocates:
For the Petitioner:T.R. Rajaraman, Advocate. For the Respondents:
A.K. Kumarasamy, Advocate.

Judgment :-

As against dismissal of the I.A., filed by the plaintiff to reject the document marked as Ex.D.6, by the defendant which is a Schedule of Partition, on the ground that the same is an unstamped and unregistered document, this revision has been preferred.

2. The defendant contested the said application stating that the when the document was marked on the side of the defendant, there was no objection raised by the plaintiff and having remained silent all along now, the plaintiff cannot agitate the same.

3. The learned Additional Subordinate Judge, Tindivanam after consideration of the the averments and the rival submissions of both the parties dismissed the said I.A., holding that the plaintiff is not entitled to raise such a plea as he has not pleaded his objection either at the time of marking the document or even thereafter when the matter was adjourned for nearly 4 occasions. The learned Subordinate Judge also held that at the most such an objection can be taken into consideration only at the time of final hearing of the case and not at the preliminary stage. Aggrieved over the said findings, this revision has been filed by the revision petitioner/plaintiff.

4. Lear
































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