THANKA BAI Vs. T. SASI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to set aside fair and decretal order, dated 30.09.2013, passed in I.A. No. 335 of 2012 in O.S. No. 210 of 2002, by the learned I Additional District Munsif, Kuzhithurai.

(2.) THE revision petitioner herein is the plaintiff, whereas the respondent herein is the defendant in the suit in O.S. No. 210 of 2002 on the file of I Additional District Munsif Court, Kuzhithurai.

(3.) THE petitioner came to know that the Caveat Petition relates to S. No. 379/2. Therefore, he marked the Caveat Petition as Ex. A4. The petitioner obtained certified copy of Ex. A4 from the Court. On verification of Caveat served on the petitioner, he came to know that the respondent filed Caveat only in the property with regard to Re -survey No. 379/2. Subsequently, on verification of Court records, the petitioner found out that the respondent has corrected the Caveat Re -survey Number as 379/3. Therefore, he filed I.A. No. 335 of 2012 under Sections 94 and 151 of C.P.C., for taking criminal action against the respondent for tampering the Court records. The respondent filed counter denying the allegations and has stated that in all his documents of title, the Re -survey Number is mentioned as 379/3 only and the Caveat also the Re -survey Number mentioned as 379/3. No order was passed in the application and no enquiry was ordered based on the said application. On 30.09.2013, the suit was decreed as prayed for.