SANKARAN Vs. KRISHNA PRASAD

JUDGEMENT

(1.) THE plaintiff is the petitioner. THE suit is one for cancellation of an exparte decree for specific performance. THE defendant had earlier obtained A decree for specific performance against the plaintiff in O.S.No.31/2008 . THE plaintiff herein did not enter appearance in the suit, though was represented in the execution proceedings. It is fairly conceded that the sale deed was executed through the Court and delivery of possession taken.

(2.) THE present suit in O.S.No 176/2010 has been filed alleging that the suit agreement itself is fabricated. THE plaintiff has also a case that notice was served by affixture, though he was very much residing within the jurisdiction of Court. THE plaintiff filed I.A No.2763/ 2010 to forward the suit agreement to a finger print expert. THE same has been disallowed by the Court below by Ext.P5 order, which is impugned in this Original Petition.

(3.) THE Original Petition is dismissed subject to the above observations.