THOMAS BABY Vs. JOJO V.GEORGE

JUDGEMENT

(1.) Ext.P7 order dismissing an application under Order 13 Rule 3 of the Code of Civil Procedure (for short 'the C.P.C.') is under challenge in this Original Petition.

(2.) The petitioner is the first defendant, and the respondents are the plaintiff and the second defendant respectively, in O.S. No.36/2017 on the files of the Munsiff Court, Pala (for short 'the trial court').

(3.) The suit was one for permanent prohibitory injunction restraining the defendants from interfering with the tapping of rubber trees standing in the plaint schedule property. According to the plaintiff, an agreement dtd. 6/1/2015 was executed between him on one part and the first defendant through the second defendant as power of attorney holder on the other part, permitting him to tap the rubber trees situated in the plaint schedule property belonging to the first defendant and his wife. The agreement was produced along with the plaint. The first defendant entered appearance and disputed the execution of the agreement. It is contended that the agreement is a concocted one made by the plaintiff in collusion with the second defendant.