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2021 Supreme(Mad) 3229

G.K.ILANTHIRAIYAN
A. Ganesan – Appellant
Versus
Vivekanand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.R.Gururaj
For the Respondent: Mr.T.S.Kanmani

ORDER :

This Civil Revision Petition is directed as against the fair and decretal order in I.A.No.142 of 2013 in O.S.No.47 of 2005 dated 10.04.2015 on the file of the learned I Additional District and Sessions Judge, Cuddalore, thereby, dismissing the petition filed by the petitioner to recall D.W.1 to mark the document dated 14.05.2000.

2. The respondents 1 to 3 herein are the plaintiffs. The petitioner is the second defendant in the suit filed by the respondents 1 to 3 herein for partition. In the cross examination of P.W.1, he admitted the signature of one Aadhimoolam, viz., the father-in-law of the plaintiffs in the unregistered family arrangement document dated 14.05.2000. It was marked as Ex.B.14. After, the evidence of plaintiffs side, the defendants filed proof affidavit. They want to mark the document as Ex.B.14. Since, the said document dated 14.05.2000 was un-registered release deed and as such, the petitioner filed a petition to recall D.W.1 to mark the said document.

3. The learned counsel for the petitioner submitted that the petitioner is not at all a party to the document and as such, he cannot be called upon to pay Stamp duty and penalty to mark the un-registered rele

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