NISAR AHAMED Vs. S. LEELA

JUDGEMENT

(1.) The revision petitioner is the defendant in O.S.No.809 of 2007 on the file of the learned Principal District Munsif, Alandur. The respondent herein is the plaintiff therein. The respondent filed the suit for permanent injunction restraining the revision petitioner herein from interfering with her peaceful possession and enjoyment of suit schedule 'A' and 'B' properties.

(2.) The respondent filed proof affidavit as P.W.1 in the said suit on 6.1.2015. While so, on 23.1.2015, she filed an application in I.A.No.113 of 2015 to receive the document dated 23.10.2010, which is an information received from the Secretary to Government, by condoning the delay.

(3.) According to the respondent, she found that the date of document was erroneously mentioned in I.A.No.113 of 2015 as 23.10.2010 instead of 23.4.2010. Hence, she filed I.A.No.373 of 2015 in I.A.No.113 of 2015 in O.S.No.809 of 2007 to amend the date of document as 24.3.2010 in I.A.No.113 of 2015. In fact, the application in I.A.No.373 of 2015 to amend the date as stated above was allowed by the Trial Court on 16.6.2015 permitting the respondent herein to carry out the amendment from 23.10.2010 to 23.4.2010. While so, the respondent found that the document dated 23.4.2010 was not received from the Secretary to Government, but it was received from the Under Secretary to Government cum Public Information Officer. Hence, she was advised to make an endorsement to dismiss I.A.No.113 of 2015 as not pressed. Accordingly, an endorsement was made and I.A.No.113 of 2015 was dismissed as not pressed on 19.6.2015.