J. PUSHPA Vs. A. VENKATESAN AND T. MASILAMANI

JUDGEMENT

(1.) Aggrieved by an order dated 4.7.2001 made in I.A.No.147 of 2001 in O.S.No.11 of 1999 on the file of the learned Subordinate Judge, Mettur, refusing to permit the revision petitioner/plaintiff to amend the prayer in O.S.No.11 of 1999, laid for specific performance, directing the respondents/defendants -2 and 3, to execute the sale deed in pursuance of the sale agreement dated 15.7.1987, and seeking permission to pray an alternative relief for refund of the advance amount, alleged to have been paid pursuant to the alleged sale agreement dated 15.7.1987, the plaintiff has preferred the above revision.

(2.) The only objection raised by the respondents/ defendants -2 and 3 is that the belated plea for alternative prayer would take away the valid defence of respondents/defendants -2 and 3, particularly when the revision petitioner/plaintiff seeks an alternative prayer after 11 years of filing of the suit, that too, after a belated point of time, i.e., after examination of the plaintiff -witnesses.

(3.) Accepting the contentions of respondents/defendants -2 and 3, the learned Subordinate Judge, Mettur, by order dated 4.7.2001 dismissed I.A.No.147 of 2001. Hence, the revision.