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2013 Supreme(Mad) 1558

R.S.RAMANATHAN
Srinivasa Naicker – Appellant
Versus
Kaliappan alias Kalipandi – Respondent


Advocates Appeared:
For the Petitioner:S. Meenakshi Sundaram, Advocate.

Judgment :-

The first defendant in O.S.No.297 of 2010 on the file of the Principal District Munsif Court, Sankarankovil, is the revision petitioner. The first respondent/plaintiff filed the above suit for declaration that the second schedule property is a common pathway belonged to the parties and for injunction. After the commencement of trial when PW.2 was in the box, the first respondent/plaintiff filed an application under Order 7 Rule 14(3) of Code of Civil Procedure, to condone the delay in filing the application and another I.A.No.96 of 2011 under Order 14, Rule 3 CPC to receive the document after condoning the delay and I.A.No.937 of 2011 to mark the document as the secondary evidence and these applications were allowed and aggrieved by the same, these Civil Revision Petitions are filed.

2. Mr.S.Meenakshi Sundaram, learned Counsel for the revision petitioners submitted that the document sought to be marked is an unregistered and un-stamped document and the first respondent produced the xerox copy and therefore the said document cannot be received in evidence and cannot be marked. He further submitted that there was no reference to the document in the plaint filed by the firs



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