R. SOUNDARARAJAN Vs. E. MOHAN AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 01.10.2013 made in I.A.No.970 of 2012 in O.S.No.9560 of 2010 on the file of the VII Additional City Civil Court, Chennai.

(2.) The petitioner is plaintiff and respondents are defendants in O.S.No.9560 of 2010 on the file of the VII Additional City Civil Court, Chennai. Originally, the petitioner filed the said suit in this Court, against the respondents which was numbered as C.S.No.234 of 2007. Subsequently, the said suit was transferred to VII Additional City Civil Court, Chennai and re-numbered as O.S.No.9560 of 2010. The first respondent and respondents 4 to 6 filed separate written statement on 10.10.2011.

(3.) The petitioner filed I.A.No.970 of 2012 under Order 6, Rule 17 of C.P.C on 30.11.2011 for amendment of the plaint to include the relief of declaration that the sale deed dated 04.02.2002 bearing Document No.330 of 2002 on the file of the Sub Registrar, Redhills, is not binding on the petitioner and non-est in the eye of law. According to the petitioner, the first respondent did not pay the sale consideration of Rs. 10,00,000/- when the petitioner executed the sale deed. The first respondent withheld the crossed cheque for Rs. 10,00,000/- in favour of the petitioner and promised to handover the cheque to the petitioner on the next date of execution of the sale deed. The first respondent in collusion with other respondents, forged the signature of the petitioner and encashed the cheque with the help of second respondent. In view of the fraud played by the first respondent, the sale deed executed by the petitioner is null and void and is not binding on the petitioner. In the said circumstances, the petitioner has come out with the present application for amendment. The petitioner has also stated that he is not introducing any new cause of action or new case.