K.PRABHAKARAN Vs. A.NATARAJAN

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the order dtd. 30/9/2019 made in I.A.No.885 of 2018 in O.S.No.320 of 2007 passed by the learned III Additional Subordinate Judge, Coimbatore.

(2.) I.A.No.885 of 2018 was filed under Order 18 Rule 17 of C.P.C., to recall P.W.1. The case of the respondents is that, the petitioner filed the suit for specific performance. It is the specific case of the respondents that, the plaintiff along with 6th defendant had created Sale Agreement with a view to sell the properties of the respondents. The 6th defendant was appointed as a power agent of the respondents on 9/3/1994 and that, the Power of Attorney Deed was cancelled on 16/3/2007 and it was intimated to the 6th defendant through an advocate notice dtd. 19/3/2007. Thereafter, it is alleged that the plaintiff and 6th defendant had created Sale Agreement with the help of anti-dated stamp papers. In this regard, they obtained information through Right to Information Act and the documents secured had already been marked. In view of the specific allegation that, the suit Sale Agreement was created using the anti-dated stamp papers and in view of the information furnished, it has become necessary to confront P.W.1 with a document already marked. Therefore, this petition.

(3.) This petition was resisted by the petitioner before the trial Court alleging among other things, that this is a frivolous petition and liable to be rejected in limini. This petition is filed only to fill up the lacuna. P.W.1 was already cross examined. The document sought to be shown to P.W.1 was already available in the custody of the respondents. P.W.1 was extensively cross examined with respect to the Sale Agreement. Therefore, the present petition is misconceived, has to be dismissed.