SURESH BAFNA Vs. V. MANGAYARKARASI AMMAL

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition to set aside the order dated 23.07.2012 made in I.A. No.87 of 2012 in O.S. No. 5989 of 1997 on the file of XVI Additional Judge I/C. of XVIII Additional District and Sessions Court, Chennai.

(2.) It is the case of the revision petitioner is that he, as a plaintiff filed a summary suit under Order 37, Rule 1 of Civil Procedure Code against the respondent herein in O.S. No. 5989 of 1997, on the file of the 16th Additional Judge, in charge 18th Additional District and Sessions Judge, Chennai for recovery of money. In the said suit the defendants 1 to 4 have filed their written statement. Thereafter on 14.03.2012 the revision petitioner/plaintiff gave evidence as PW1 and he was also cross examined by the defendants.

(3.) It is the further case of the revision petitioner is that during the course of his cross examination, it is recorded that "the signatures contained in the plaint is not that of him" but he never answered like that during cross examination, however, it was recorded as stated above in line numbers 16 and 17 at page No. 1 in his deposition dated 14.03.2012. According to the revision petitioner, he is Jain by birth and not known Tamil and he knows only Hindi and English. After his cross examination his signature was obtained without reading it to him and he has also signed without reading deposition. Only in the forthcoming cross examination, on verification he came to know the above said mistake. Therefore in order to delete/struck off line No.16 and 17 at page No.1 in the deposition dated 14.03.2012, the revision petitioner took out an application in I.A. No. 87 of 2012 under Order 6, Rule 16(B) of CPC.