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2010 Supreme(Mad) 1542

M.JAICHANDREN
M. Appusmay – Appellant
Versus
M. K. Sabhapathe – Respondent


Advocates Appeared:
For the Petitioner:V. Ayyadurai, Advocate.
For the Respondents:T. Murugamanickam, Advocate.

Judgment :-

1. This Civil Revision Petition has been filed against the order, dated 22.1.2010, made in I.A.No.39 of 2010, in O.S.No.319 of 2007, on the file of the Principal Subordinate Court, Erode.

2. The respondents had filed the suit, in O.S.No.319 of 2007, on the file of the Principal Subordinate Court, Erode, praying for a decree directing the defendants to pay the plaintiffs, jointly and severally, the sum of Rs.3,60,400/-, with subsequent interest at 12% per annum, from the date of the suit, till the date of realisation of the said sum.

3. The petitioner in the Civil Revision Petition, who is the second defendant in the said suit, had filed an interlocutory application, in I.A.No.39 of 2010, praying that the applicant may be permitted to mark a receipt as a document in his favour.

4. The trial Court, by its order, dated 22.1.2010, had dismissed the interlocutory application stating that the existence of the said receipt had not been mentioned in the written statement and in the affidavit filed by the petitioner. The trial Court had also noted that the date of the receipt had not been stated and there is nothing to show the purpose for which the receipt had been issued. The









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