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2001 Supreme(Mad) 93

FAKKIR MOHAMED IBRAHIM KALIFULLA
Rajathi – Appellant
Versus
Arukkani Ammal – Respondent


Advocates Appeared:
Mr.C.Vasudevan, Advocate for Petitioner. Mrs.AL.Gandhimathi, Advocate for Respondent.

Judgment :

1. This revision petition has been preferred against the order of the court below dated 29.3.2000 made in I.A.No.23 of 2000 in O.S.No.22 of 1994, rejecting the petitioner's application to receive the document styled as partition list between one Ganapathy Udayar and his sons dated 10.6.1992 as the secondary evidence. The court below while rejecting the application was of the view that the said document was not a registered one, that when no share was allotted to the respondent as per the said document, and the said document said to have been contained thump impression of the respondent, it is doubtful as to whether the document would bind the respondent, that the document does not disclose as to with whom the original has been entrusted, that the contents of the said document can be proved only by examining the persons who are concerned with the said document, that the said document can be proved only by examining the vendor of the petitioner namely, Mr.Ravichandran and therefore, the said document cannot be accepted as the secondary evidence under Section 65 of the Indian Evidence Act. Assailing the said order of the court below, learned counsel for the petitioner conten






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