RAJESWARI AND OTHERS Vs. S RAJENDRAN AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel appearing for the revision petitioners and the learned counsel appearing for the respondents.

(2.) The revision petitioners have come forward with the present Civil Revision Petition challenging the impugned order dated 17.10.2014 made in I.A.No.793 of 2013 in O.S.No.211 of 2010, wherein the application filed under Section 45 of the Indian Evidence Act came to be allowed.

(3.) The learned counsel appearing for the revision petitioners would submit that the respondents 1 and 2 herein as plaintiff has filed the suit for specific performance on the basis of the sale agreement dated 27.05.1982. The suit was originally filed in O.S.No.284 of 1996 on the file of the District Munsif Court, Mettur. Subsequently, it was transferred to the file of the District Munsif Court, Omalur and re-numbered as O.S.No.900 of 1996. Again in the year 2009, the case was transferred to the file of the Fast Track court-II, Salem and re-numbered as O.S.No.51 of 2009. Thereafter, for want of pecuniary jurisdiction, the case is transferred to the file of Subordinate Court, Mettur and renumbered as O.S.No.211 of 2010 and it is pending. The defendants filed their written statement on 23.10.1997, when the suit was pending on the file of the District Munsif Court, Omalur, wherein it was pleaded that the suit agreement is a forged document. In the mean while, the respondents 1 and 2 herein filed an application in I.A.No.680 of 2006 before the learned District Munsif Court, Omalur to send the documents for expert opinion. However, the said application was dismissed as not pressed with liberty to file fresh application.