JUDGMENT

(Prayer: Appeal filed under Order XXXVI Rule 9 of Madras High Court Original Side Rules R/W. Clause 15 of Letters Patent Act, against the Order dated 06.01.2023 in C.S.No.290 of 2004.)

1. The appellant / 1st defendant has preferred this appeal against the order dated 06.01.2023 passed in C.S.No.290 of 2004.

2. Heard both sides and the relevant records are perused.

3. It appears that PW1 has been examined in chief and Exs.P1 to P20 have been marked and the case was adjourned to 20.10.2022 and meanwhile, the memo in question was filed for the hearing on 14.11.2022. Based on the said memo, the following order was passed by the learned Single Judge of this Court on 06.01.2023: The below said order is sought to be asailed by the 1st defendant.

''''That the documents produced before this Court be and are hereby directed to be received in evidence subject to proof, relevancy and admissibility.

2. That the plaintiff herein be and is hereby required to explain why he could not produce the primary documents.

3. That the C.S.No.290 of 2004 be and is hereby referred back to the learned Master-I, for resumption of trial on 07.02.2023.''

4. The learned