V THANIKACHALAM Vs. D BALAKRISHNAN

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/plaintiff has filed the present revision petition as against the order dated 30.04.2008 in I.A.No.896 of 2007 in O.S.No.136 of 2006 passed by the District Munsif, Cuddalore in dismissing the application filed by the revision petitioner/petitioner/plaintiff under Order 26 Rule 9 Section 10-A read with Section 151 of Civil Procedure Code.

(2.) THE trial Court, while passing orders in I.A.No.896 of 2007, has inter alia observed that 'the application for appointment of Commissioner has been projected at the stage when the suit has been posted for arguments and resultantly, has dismissed the application.'

(3.) THE respondent/defendant has filed a detailed written statement inter alia taking a plea that already the revision petitioner/ plaintiff has received an excess amount and that the respondent/ defendant is not liable to pay the balance amount of Rs.35,000/- to the revision petitioner/petitioner/plaintiff and in fact the revision petitioner/petitioner/plaintiff is liable to refund the excess sum of Rs.20,000/- received by him and further that the respondent/ defendant has completed the construction at his cost and that the revision petitioner/plaintiff has never come forward to complete the construction and that the suit is vexatious and therefore, prays for dismissal of the suit with exemplary costs.