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A.No.4502 of 2016

in T.O.S.No.9 of 2005

PUSHPA SATHYANARAYANA.J

This application is filed by the applicant/plaintiff to receive

additional documents in the above Testamentary Original Suit.

2. Heard the learned counsel for the applicant/plaintiff and

learned counsel for the respondent.

3. Considering the submissions made on either side and also

going through the averments made in the affidavit, I am inclined to

allow the application but however the documents sought to be

marked as additional evidence can be marked subject to proof,

relevancy and admissibility at the time of evidence. This Court may

follow the procedures as per the decision of the Honourable

Supreme Court reported in 2001-3-SCC-1 (Bipin Shantilall

Panchal Vs. State of Gujarat and another) while dealing with

the question of admissibility of documents during the course of trial

at the stage of taking evidence when any objection is raised.

4. Therefore, the applicant/plaintiff is permitted to file the

documents, subject to proof and relevancy of those documents. It

is open to the parties to raise his objections with regard to the

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PUSHPA SATHYANARA