IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
Krishnaveni D/o. Babusami – Appellant
Versus
Balakrishnan S/o. Govindharaj – Respondent
| Table of Content |
|---|
| 1. production of sale deed (Para 1 , 2) |
| 2. arguments over ownership and theft (Para 3 , 4) |
| 3. burden of proof on defendant (Para 5) |
ORDER
Challenging the dismissal of the application filed by the plaintiff seeking a direction to the defendant to produce the challenged original sale deed dated
30.11.1995, the present Civil Revision Petition has been filed.
2. The petitioner had filed an application before the trial Court under Order 11 Rule 14 of CPC to direct the respondent to produce the original sale deed dated 03.11.1995, which is the subject matter of the suit. The said application was contested by the defendant stating that the original sale deed was stolen by the plaintiff and in this regard, he has given a complaint before Chunamedu Police Station based on which a First Information Report has also been registered in Crime No.198 of 2022. According to the defendant, they are not in possession of the original sale deed and the plaintiff alone is in possession of the said document. The trial Court dismissed the said application stating that the custody of the original document has to be decided only on conclusion of trial. Challenging the same, the present Civil Revi
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