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2009 Supreme(Mad) 3745

K.K.SASIDHARAN
T. P. Mani – Appellant
Versus
Palanisamy & Another – Respondent


Advocates Appeared:
For the Petitioner:T. Bhuvaneswar, Advocate.
For the Respondents:R1, N.Manokaran, Advocate.

Judgment :-

This civil revision petition is directed against the order dated 4. 2009 in unnumbered I.A.No. of 2009 in O.S.No.368 of 2004 on the file of the learned Judicial Magistrate, Perundurai, whereby and whereunder the application preferred by the revision petitioner to issue a proclamation as per Order XVI Rule 10 of the Code of Civil Procedure requiring the District Registrar, Ariyalur to produce the sale note book of stamp papers was rejected.

BACKGROUND FACTS:-

2. The civil suit in O.S.No.368 of 2004 was instituted by the first respondent against the revision petitioner and second respondent praying for a decree of permanent injunction in respect of the suit property. The suit was contested by the revision petitioner by filing written statement. Subsequently the suit was taken up for trial.

3. While the matters stood thus, the petitioner filed an application to summon the District Registrar for the purpose of producing the register maintained by the stamp vendor, who alleged to have sold stamp papers for creating Ex.A.4 in favour of the second respondent. Even though the trial court allowed the application in I.A.No.326 of 2008 and issued summons to the District Registrar, A



























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