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2017 Supreme(Mad) 579

G.JAYACHANDRAN
A. Raja Bhoopathi – Appellant
Versus
A. Vivekanandan – Respondent


Advocates Appeared:
For the Petitioner: Mrs. P. Jessi Jeeva Priya

ORDER :

The revision petitioners are the legal heirs of one A.Raja Bhoopathi, who instituted the suit for partition against his brother who is the respondent herein. Pending suit, Raja Bhoopathi died and the revision petitioners were impleaded as plaintiffs.

2. When the suit was posted for trial, the revision petitioners sought leave of the Court to mark photocopy of a document alleged to have been executed by the parties concerned on 01.03.2007. The said document which carries the caption 'family arrangement', is an unregistered and under- stamped, besides being a photocopy and not original.

3. The Trial Court taking note of these three factors, has declined the request of the revision petitioners to admit the said document. Aggrieved by it, the present revision petition is filed.

4. According to the revision petitioners, the original of the said document was with Annamalai Chettiyar, who is the father of Late A.Raja Bhoopathi and A.Vivekanandan. After his demise, the respondent herein, who was taking care of Raja Bhoopathi, is in possession of the original document and therefore, photocopy of it was sought to be marked, which is permissible under Section 65(a) of the Indian Evidence






















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