V JAGADEESAN Vs. M SOBANA GOPAL

JUDGEMENT

(1.) THIS Revision Petition is directed against the dismissal of I. A. No. 3760 of 2002 in O. S. No. 2229 of 1997 on the file of the III Assistant judge, City Civil Court , Madras . I. A. No. 3760 of 2002 was filed to amend the plaint by impleading a relief of declaration as "declaring that the sale deed dated 23. 6. 1995 bearing document No. 759 of 1995 registered in the office of the Sub-Registrar, sowcarpet, executed by the 1st defendant in favour of the defendants 5 to 8 is null and void and not binding on the plaintiff".

(2.) THE revision petitioner/plaintiff filed the suit o. S. No. 2229 of 1997 on 4. 3. 1997 for specific performance of agreement of sale in favour of the plaintiff in respect of half share in the suit property, namely, a portion in the first floor and a Sangam in the ground floor in premises bearing Door No. 13, Venkatesa Naicken Street, Chennai, after receiving the balance sale consideration of Rs. 1,18,000/ -.

(3.) THE trial Court accepting the case put-forth by the defendants, dismissed the amendment petition I. A. No. 3760 of 2002, subject matter of this revision petition. THE trial Court allowed the impleading petition i. A. No. 3761 of 2002, wherein the defendants 5 to 8 sought to be impleaded. THE order of dismissal dated 28. 3. 2003 passed in I. A. No. 3760 of 2002 is under challenge in this Revision Petition.