The court affirmed the trial court's discretion to allow additional documents deemed necessary for case resolution, emphasizing procedural integrity over rigid adherence to pleadings.

C O M M O N O R D E R

The defendants in O.S.No.84 of 2012 on the file of the Additional Sub Court, Pudukkottai, are the revision petitioners herein.

2. The respondent herein as the plaintiff had filed the above said suit for the relief of declaration of title and recovery of possession. After the closure of the evidence of P.W.1, the case was posted for further evidence on the side of the plaintiff. The plaintiff has filed in I.A.No.247 of 2022 to recall P.W1 and I.A.No.248 of 2022 has been filed to seek permission of the Court to recieve additional documents. These two applications came to be allowed.

Challenging the same, the present Civil Revision Petitions have been filed.

3. According to the learend counsel appearing for the revision petitioners, there are no pleadings in the plaint relating to the additional documents that are sought to be presented before the Court. Therefore, the Court ought not to have allowed these two applications.

4. Per contra, the learned counsel appearing for the respondent had contended that these documents are very much required for the purpose of the disposal of the case and therefore, he prayed for sustaining the order passed by the trial Court.

5. I have perused the order passed by the trial Court and heard the submissions made on either side.

6. A perusal of the additional documents sought to be presented by the plaintiff before the Court reveals that all the documents are certified copies of the judgment and decree in previous proceedings. Therefore, there cannot be any dispute with regard to the genuineness or admissiblity of those documents. However, the defendants contended that there are no pleadings in the plaint, relating to the documents.

7. I am of the considered opinion that the defence raised by the defendants has to be considered at the time of trial.

8. With the above said observations, these Civil Revision Petitions stand dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

07.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Additional Subordinate Court, Pudukkottai.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR,J.

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07.02.2025