A.No.3352 of 2022

A.No.3352 of 2022

in C.S.No.238 of 2021

C.V.KARTHIKEYAN

, J.

This application has been filed by the 1^st , 2^nd & 3^rd defendants to file

additional documents.

2. Documents included a Partition Deed, Mortgage Deed, Statement

of Accounts issued by the Bank and also a self-serving Statement of

Accounts and a Legal Notice.

3. A perusal of the records show that the copies were tried to be

served on the learned counsel for the 1^st respondent/plaintiff, but they had

refused to receive and therefore, the papers were sent by post.

4. The 4^th respondent/4^th defendant had received the copies.

5. The third document mentioned namely the Statement of Accounts

of the Bank cannot be taken on record unless it is accompanied by the

Certificates under Section 65 (B) of the Indian Evidence Act, 1872.

6. I do not find from perusal of records, such certificate being

enclosed. Therefore, the said document cannot be taken on record.

7. The Partition Deed can be termed as relevant only if it is between

or among the parties to the suit. If it is among the strangers, then, on the

issue of relevancy the same cannot be admitted.

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A.No.3352 of 2022

C.V.KARTHIKEYAN

, J.

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8. The same reasoning also applies to the Mortgage Deed.

9. Before the documents are actually been taken on record, during

the course of evidence, these two facts will have to be verified namely,

whether the parties to the Partition Deed and for the Mortgage Deed are

parties to the suit herein or whether they are the third parties. The originals

have to be produced, otherwise, both the documents for which Xerox

copies alone which have been produced, can be refused to be admitted to

evidence.

10. The copy of the Legal Notice may be taken on record subject to

the Acknowledgement Card being produced.

11. The Statement of Accounts which is only self-serving in nature

can be taken on record, if the pleadings to the same have been stated in the

written statement.

12. With the above observation, leaving the matter to be decided at

the time of recording of evidence, the application stands disposed of.

29.09.2022

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