RAMATHAL Vs. SAVITHRI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner/defendant to set aside the order dated 13.09.2007 passed by the learned Additional District and Sessions Judge, Fast Track Court No-4, Coimbatore at Tirupur in I.A.No.1758 of 2007 in O.S.No.384 of 2005.

(2.) THE defendant in O.S.No.384 of 2005 is the revision petitioner before this Court. THE suit in O.S.No.384 of 2005 has been filed by the respondent/plaintiff for Specific Performance of the sale agreement dated 23.01.2004. Written statement has been filed by the petitioner/defendant and the suit is being contested. Pending suit, an application in I.A.No.1758 of 2007 has been filed by the petitioner/defendant to summon the Sub Registrar, Nallur to produce document No.3082/2003 which is the sale deed executed by the revision petitioner in favour of one Muthulakshmi on 31.10.2003, which contained her admitted signature and thumb impression. THE said application was resisted by the respondent/plaintiff by filing a counter. THE trial Court by order dated 13.09.2007 dismissed that application. Aggrieved by the same, the above civil revision petition has been filed.

(3.) THE learned counsel appearing for the petitioner submits that by dismissing the application filed by the petitioner/defendant for summoning the Sub Registrar, Nallur for producing the admitted document for the purpose of comparing the signature and thumb impression, an opportunity has been denied to the petitioner/defendant to establish her case and disprove the case of the plaintiff. THErefore, according to the learned counsel appearing for the petitioner/defendant the order passed by the Court below suffers from infirmity and illegality warranting interference by this Court under Article 227 of the Constitution of India.