NITHYANANDAM Vs. POORNACHANDRAN

JUDGEMENT

(1.) The Plaintiff, aggrieved by the order passed by the Trial Court in the application filed by him under Order 13 Rule 3 of the Code of Civil Procedure, prefers the present civil revision petition.

(2.) The suit was filed by the Plaintiff praying for partition of the suit properties. The first Defendant is none other than his brother, who remained ex parte during the trial proceedings. Claiming that Defendants 2 to 5 have purchased the share fell to the first Defendant, they are contesting the suit.

(3.) In the trial, PW 1, who filed proof affidavit, subjected himself for cross-examination. During the course of cross-examination, Defendants 2 to 5, having drawn the attention of the Plaintiff to the Family Arrangement Confirmation Deed which came into existence in the family of the Plaintiff, marked the same through PW 1. In fact, a xerox copy of the Family Arrangement Confirmation Deed was produced by the Plaintiff, but, the same was not marked by him and it came to be marked during the course of cross-examination at the instance of Defendants 2 to 5.