GUNASEKARAN Vs. RAMACHANDRAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed praying that this Court may be pleased to set aside the order, dated 17.12.2009, made in I.A.No.359 of 2009, in O.S.No.108 of 2002, on the file of the Subordinate Court, Attur.

(2.) THE petitioner in the present civil revision petition is the defendant in the suit, in O.S.No.108 of 2002, filed by the respondents. THE respondents had filed the said suit, praying for a decree for specific performance of agreement for sale, dated 3.6.2001. THE petitioner had filed an interlocutory application, in I.A.No.359 of 2009, praying that the trial Court may be pleased to send the document, dated 3.6.2001, which is the agreement for sale, marked as Ex.A-1, to obtain an expert opinion.

(3.) THE learned counsel appearing on behalf of the respondents had submitted that the trial Court was right in dismissing the interlocutory application filed by the petitioner, for sending the document, marked as Ex.A-1, for an expert opinion, as it has been filed belatedly, only with the mala fide intention of protracting the proceedings in the suit, in O.S.No.108 of 2002, filed by the respondents. He had also submitted that the petitioner, having taken the plea that the signature in the agreement for sale, dated 3.6.2001, does not belong to the petitioner, he had not raised the issues thereafter, till the filing of the interlocutory application, in I.A.No.359 of 2009, on 20.10.2009. In such circumstances, the civil revision petition filed by the petitioner is devoid of merits and therefore, it is liable to be dismissed.