Papathi v. Vasantha

ORDER This Civil Revision Petition has been filed challenging the impugned order dated 13.02.2025 passed by the Sub Court, Mettur in I.A.No.7 of 2020 in O.S.No. 70 of 2020.

¶2In the aforesaid order, the application filed by the petitioner who is the plaintiff in the suit seeking to condone the delay in filing the documents mentioned in the petition has been partly allowed. The Trial Court has granted leave to file certified copy of the Sale Deed dated 26.08.1985 and has allowed the said document to be marked as an exhibit subject to proof and relevancy. However, in the impugned order, the remaining three documents for which leave was sought for by the petitioner viz., (a)Document dated 22.05.1982 (Unregistered Panchayat Sale Muchilika) (b) Document dated 28.06.1985 (Unregistered sale agreement) (c) Document dated 14.02.1986 (Unregistered consent deed) has not been allowed to be marked as exhibits on the side of the petitioner/plaintiff.

¶3Learned counsel for the respondents/defendants on instructions would now submit that the remaining three documents as well filed by the petitioner/plaintiff which were not allowed to be received by the Trial Court Page3 of 5 under the impugned order may also be received by the Trial Court provided the respondents/defendants are permitted to raise all objections with regard to its admissibility as a piece of evidence in the main suit as well as during the cross examination of the petitioner/plaintiff's witness.

¶4Since the respondents/defendants have no objection for marking of all the documents disclosed in I.A.No.7 of 2024 pending on the file of the Trial Court as exhibits, provided they are allowed to raise all points with regard to their admissibility as a piece of evidence during the cross examination of the petitioner/plaintiff's witness as well as at the time of arguments in the main suit, this Civil Revision Petition is disposed of, by setting aside the impugned order dated 13.02.2025, passed by the Sub Court, Mettur in I.A.No.7 of 2024 in O.S.No.70 of 2020 and by directing the Trial Court to receive all the four documents mentioned in I.A.No. 7 of 2024 , including the documents viz., (a) Document dated 22.05.1982 (Unregistered Panchayat Sale Muchilika) (b) Document dated 26.08.1995 (Unregistered Sale Agreement) (c) Document dated 14.02.1996 (Unregistered consent deed) and permit the petitioner/plaintiff is allowed to mark those documents as exhibits on their side subject to its admissibility proof and relevancy. Liberty is also granted to the respondents/defendants to raise all objections with regard to marking of those documents as exhibits during the cross examination of the petitioner/plaintiff's witness as well as at the time of arguments in the main suit. Since the suit is of Page4 of 5 the year 2020, this Court directs the Trial Court to dispose of the suit within a period of eight months from the date of receipt of a copy of this order. No costs. Consequently connected Miscellaneous Petition is closed. 22-07-2026 Index: Yes/No Speaking/Non-speaking order arr To The Sub Court, Mettur. CRPoNo.o1999oofo2025 ABDULoQUDDHOSE,oJ. arr CRPoNo.o1999oofo2025 22-07-2026 Page5oofo5 Page6 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Papathi W/o. Alagappan, 16/1-86, Dharmapuri main Road, Mecheri, mettur Taluk, Salem District ..Petitioner(s) Vs 1. Vasantha W/o. Late Kannan, Settkarichiyur, Erakndapatty Post, Mecheri, Mettur Taluk, Salem District. 2. S Settu S/o. Subramanian, Amarathanoor, M.Kailaptty Village and Post, Mettur Taluk, Salem District ..Respondent(s) Civil Revision Petition filed under Article 226 of Constitution of India praying to set aside the fair and decretal order dated 13-02-2025 in I.A.No.7/2024 in O.S.No.70/2020 pending on the fileof Sub Court, Mettur. For Petitioner(s): Mr.R.Subramanian for Mr.B.Ravi For Respondent(s): Mr.. M.Nanda Kumar For R1 Page2 of 5