1

APPLICATION NO.4992 OF 2016

IN C.S.NO.1138 OF 2009

PUSHPA SATHYANARAYANA, J.

This application is filed by the applicants/defendants seeking

permission to file the documents listed in the affidavit in the above suit.

2. Heard the learned counsel for the applicants / defendants

and the learned counsel for the respondent / plaintiff.

3. Considering the submissions made by the learned counsel for

the applicants 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.

4. Therefore, the applicants/defendants are permitted to file

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

open to the parties to raise their objections with regard to the admissibility

and relevancy of those documents at the time of recording the evidence

before the learned Additional Master-IV and the learned Master shall record

such objections leaving it to the Court to decide about the admissibility and

relevancy of those documents at the time of arguments.

2

PUSHPA SATHYANARAYANA, J.

TK

5. With the above observations, the application is allowed. The

Registry is directed to list the matter before the learned Additional Master-IV

on 03.10.2016 for recording further evidence. The learned counsel for the

applicants / defendants shall produce the original documents before the

learned Additional Master-IV, at the time of recording evidence. It is also

directed that both the parties shall co-operate with the learned Additional

Master-IV, in recording the evidence. As the suit is of the year 2009, the trial

has to be completed on or before 31.10.2016.

29.09.2016

TK

APPLICATION NO.4992 OF 2016

IN C.S.NO.1138 OF 2009