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2011 Supreme(Mad) 2074

K.MOHAN RAM
Kuppusamy – Appellant
Versus
Selvathandavam @ Thandava Mudaliar – Respondent


Advocates Appeared
For the Petitioner:T. Sezhian, Advocate.
For the Respondent:R3 to R7 - K.A. Ravindran, Advocate, S. Vijayakumar, Advocate for Respondent Nos.1, 2 , 9 to 12 (Given up).

Judgment :-

1. The Plaintiff in O.S.No.37 of 2005 on the file of the Principal District Munsif Court, Cuddalore is the Petitioner in the above Civil Revision Petition.

2. The Petitioner had filed I.A.No.1858 of 2009 under Order 7, Rule 14(3) of C.P.C. to condone the delay in filing the documents. It is the case of the Petitioner that he has filed a Suit for declaration and permanent injunction and the Suit is posted for Plaintiff’s evidence. A Witness summon was sent to one Ramalingam S/o Sakkarapani. But the said summon was returned as the witness was not residing in that address. The said Ramalingam was examined as P.W.2 in O.S.No.160 of 1999 on the file of the Additional District Munsif Court, Cuddalore. So, it is necessary to make the deposition of Ramalingam in that Suit and therefore, the delay in filing the document should be excused.

3. The said Petition was contested by the Respondents contending that it was the 4th Application for reception of document and the Petition has been filed at the belated stage and the said Ramalingam is no way connected to the present Suit and therefore, the deposition of Ramalingam recorded in O.S.No.160 of 1999 has no relevance at all.

4. The C















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