MANICKAM Vs. MANI

JUDGEMENT

(1.) The instant revision has been filed challenging the order dtd. 11/3/2013 passed in I.A.No.40 of 2012 in O.S.No.5 of 2010 on the file of the learned Third Additional District Judge, Kallakuruchi. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the plaintiff in the suit O.S.No.5 of 2010 on the file of the learned Third Additional District Judge, Kallakuruchi. The said suit was filed by the petitioner for specific performance of an agreement for sale entered into with the respondent. It is the case of the petitioner as seen from the plaint averments that he has paid an advance of Rs.12,50,000.00 out of the total sale consideration of Rs.24,60,000.00 for the purchase of suit schedule property. The respondent has also filed his written statement in the suit. Issues were also framed by the Trial Court and thereafter, the case was posted for trial. The petitioner has also filed his proof affidavit and the case was posted for cross examination of the petitioner's witness. At this stage, the petitioner filed an application I.A.No.40 of 2012 in O.S.No.5 of 2010 under Order VI Rule 17 of Code of Civil Procedure seeking to amend the plaint. The amendment sought for by the petitioner in I.A.No.40 of 2012 is that according to him, in the plaint averment in paragraph 3, by inadvertence and due to a typographical mistake, he has pleaded that the respondent has admitted by writing on his own in the back side of the agreement that he has received a sum of Rs.10,00,000.00 from the petitioner on 28/3/2008. According to the petitioner, the word "brh!;jypfpjkhf" means acknowledging the receipt by writing on his own and the said statement is a typographical mistake and if it continues and remains in the plaint, it will adversely affect his interest in the suit. The respondent has also filed his counter before the Trial Court in I.A.No.40 of 2012 filed by the petitioner. The Trial Court by order dtd. 11/3/2013 dismissed I.A.No.40 of 2012 in O.S.No.5 of 2012.

(3.) Aggrieved by the order of dismissal dtd. 11/3/2013 in I.A.No.40 of 2012, the instant revision has been filed. Submissions of the learned counsels: