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2009 Supreme(Mad) 2574

K.K.SASIDHARAN
K. Veerabadran & Another – Appellant
Versus
K. Venugopal & Others – Respondent


Advocates Appeared:
For the Petitioners:M.S. Subramanian, T.V. Venkataraman, Advocates.
For the Respondents:N.R. Jasmine Padma, L. Chanda Kumar, Advocates.

Judgment :-

This revision petition is directed against the Order dated 112. 2008 in O.S.No.159/2000 whereby and whereunder, the document produced by the revision petitioners dated 05.08.1993 was rejected as inadmissible in evidence.

2.The suit was preferred by the first Respondent against the revision petitioner and respondents 2 to 5 praying for a Judgment and Decree of partition to divide the property into three shares and to allot one such share to him. The said suit was contested by the revision petitioners by filing Written Statement.

.3. Subsequently, the matter was taken up for trial. After the closure of the evidence on the side of the plaintiff, it was the turn for the Defendants to adduce evidence. While DW-1 was in the midst of chief examination, a document dated 05.08.1993 was attempted to be marked as an exhibit. Since the said document was not sufficiently stamped and as it was not registered, the admissibility of the said document was put in issue.

4. The learned Trial Judge found that the document dated 05.08.1993 was shown as a sworn affidavit. However, the document was executed by the Defendants 4 to 6 in the suit in favour of the plaintiff and Defendants 1 and 2












































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