S. PRABHA Vs. NAMBIRAJAN

JUDGEMENT

(1.) The 2nd defendant in the original suit O.S.No.207/2011 pending on the file of the First Additional Sub Judge, Nagercoil, is the petitioner in all the three revision petitions. The plaintiff in the original suit is the first respondent and the first defendant in the original suit is the second respondent in all the revision petitions.

(2.) The said suit came to be filed by the first respondent herein against the 2nd second respondent and the revision petitioner (defendants 1 and 2) for a declaration of title of the first respondent/plaintiff over the plaint schedule property, for recovery of possession and for permanent injunction restraining the defendants from trespassing or committing acts of waste in the suit property and for cost.

(3.) When the suit was in the part heard stage after evidence was adduced on both sides and the evidence on both sides came to be closed and the suit stood listed for hearing arguments, the revision petitioner herein/second defendant filed three applications in I.A.Nos.123/2013, 124/2013 and 125/2013 for reopening the case to enable the revision petitioner/second defendant to adduce additional evidence, to recall the revision petitioner/second defendant, who deposed as DWs.1 and 3) to receive the additional documents produced by the revision petitioner along with the application and mark them as documents on the side of the revision petitioner/second defendant. The documents sought to be produced are the original sale deed dated 25.05.2008 executed by the first defendant in favour of the second defendant, Kist receipts dated 22.09.2007 and 15.07.2009 and encumbrance certificate dated 25.09.2007 covering the period between 1.1.1993 and 24.09.2007.