C.R.P.(PD)(MD).No.465 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.R.P.(PD)(MD)No.465 of 2023

and

C.M.P(MD) No.2211 of 2023

1. Sangagiri @ Ramuthai

2. Mohan

... Petitioners / Petitioners/

Defendants 1 and 2

-vs-

Raman

.... Respondent/Respondent/

Plaintiff

PRAYER: Civil Revision Petition is filed under Article 227 of the

Constitution of India, against the fair and decretal order, dated 27.06.2022

passed in I.A.No.137 of 2022 in O.S.No.93 of 2018 pending disposal on the

file of the District Munsif, Vadipatti.

For Petitioners

: Mr.M.Venkatesan

1/4

https://www.mhc.tn.gov.in/judis

C.R.P.(PD)(MD).No.465 of 2023

O R D E R

The present civil revision petition has been field by the defendants in

the suit for permanent injunction, challenging an order refusing to receive the

unregistered sale deed as one of the document.

2. The defendants, who have failed to file the documents along with the

written statement, had filed an application under order 8 Rule 1A(3) C.P.C,

seeking permission of the Court to receive the documents. It is seen from the

petition in I.A.No.137 of 2022, the petitioners have sought to mark five

documents. The trial Court has accepted four documents and refused to

receive an unregistered sale deed for the value of more than Rs.30,000/-

(Rupees Thirty Thousand only). The said order is under challenge in the

present Revision Petition.

3. The learned counsel appearing for the petitioners would submit that

the documents have to be received for collateral purpose, so that the

defendants would be able to prove their defence.

2/4

https://www.mhc.tn.gov.in/judis

C.R.P.(PD)(MD).No.465 of 2023

4. The suit has been filed for permanent injunction and not to disturb

the possession of the suit property. The defendants by way of marking

unregistered and un-stamped sale deed are attempting to establish their

possession over the suit schedule property. Therefore, it cannot be considered

for a collateral purpose, for which an unregistered and un-stamped documents

can be relied upon.

5. In view of the above said facts, I do not find any merits in the present

Civil Revision Petition. Accordingly, this Civil Revision Petition stands

dismissed. There shall be no order as to costs. Consequently, connected

Miscellaneous Petition is closed.

24.02.2023

NCC

: Yes/No

Index

: Yes / No

Internet

: Yes / No

ebsi

To

1. The District Munsif,

Vadipatti.

3/4

https://www.mhc.tn.gov.in/judis

C.R.P.(PD)(MD).No.465 of 2023

R.VIJAYAKUMAR,J.

ebsi

C.R.P(PD)(MD)No.465 of 2023

24.02.2023

4/4

https://www.mhc.tn.gov.in/judis