G.AMSAVENI Vs. R.KANNAN

JUDGEMENT

(1.) This civil revision petition has been filed against the order passed by the learned V Additional District Judge, Coimbatore, allowing the application in I.A.No.1 of 2019 filed by the petitioner under Order VIII , Rule 1-A (3) of CPC seeking to condone the delay in the production of certain documents appended to the application.

(2.) The respondent is the plaintiff in the suit in O.S.NO.565 of 2013. She has filed the above said suit against the respondents for a decree (i) specific performance of contract of agreement of sale dated 31.10.2012 or in the alternative, directing the defendants to repay the sum of Rs.15,78,216/- together with subsequent interest for Rs.14,00,000/- @ 12% per annum from the date of plaint till date of realization; (ii) permanent injunction restraining the defendants 1 and 2 from in any way encumbering or alienating the suit property in any manner whatsoever till the dispute between the plaintiff and the defendants is settled; (ii) permanent injunction restraining the 3rd defendant from registering any document that maybe presented by the defendants 1 and 2 for alienating or encumbering the suit property.

(3.) The above said suit has been filed on the ground that the petitioner had entered into an agreement of sale for the purchase of house site along with a house building to be constructed. The sale consideration was fixed at Rs.27,00,000/- and the petitioner paid an advance of Rs.14,00,000/- out of the total sale consideration with a condition that the respondents should complete the construction work and handover the vacant possession of the house and execute the sale deed within a period of 15 months from the date of agreement. Since the respondents failed to perform their part of contract, the petitioner filed the above said suit for the reliefs as stated above. The said suit is contested by the respondents inter alia contending that they have approached one Selvaraj for loan, who had, in turn introduced the husband of the petitioner one Mr.Govindaraj, who has been engaged in the real estate business and from him, the 1st respondent borrowed a sum of Rs.14,00,000/- as loan. At the time of lending loan, the said Govindaraj had obtained signatures of the 1st respondent in blank promissory notes, stamp paper and in some green bond papers. Thereafter, in the month of November, 2012, the 1st respondent had repaid the entire amount in four installments. Thereafter, the 1st respondent had paid considerable amount to the petitioner for the medical expenses of the said Govindaraj. After the 1st respondent repaid the loan, the petitioner had fabricated the sale agreement using the signatures obtained from the 1st respondent on blank stamp papers and filed the suit.