R JAGANATHAN Vs. V G SANTHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the the orders of the learned IV Asst. City Civil Judge at Chennai dated 30.07.2009 made in I.A.No.9687 of 2009 in O.S.No.12 of 2007.

(2.) The petitioner is the plaintiff and the respondent is the defendant in O.S.No.12 of 200 on the file of the IV Asst. Judge, City Civil Court, Chennai. The petitioner filed the suit in O.S.No.12 of 2007 against the respondent for a declaration that the deed of mortgage dated 08.02.1999 registered as Doc.No.296 of 1999 executed by the petitioner in favour of the respondent on payment of Rs.25,601/- towards full and final payment of the above mortgage and direct the respondent to return the original deed of mortgage, blank signed cheques, and the connected title deeds and also xerox copies of the parent documents.

(3.) The respondent filed written statement along with counter claim on 15.06.2007 and is contesting the suit. The petitioner filed reply statement on 19.09.2007 denying the counter claim of the respondent. The petitioner was examined as PW1 and was cross examined. On behalf of the respondent, one Govindasamy filed proof affidavit. The petitioner filed I.A.No.6194 of 2009 to issue summons to respondent directing her to give evidence in the suit. The respondent filed I.A.No.9687 of 2009 under Order XII Rule 6 CPC for a decree for Rs.25,601/- on the admission made in the plaint and Rs.38,500/- being counter claim under Exs.B1 to B3.