MARUTHAI Vs. MARIMUTHU UDAIYAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 03.04.2014 made in I.A.No.279 of 2013 in O.S.No.135 of 2010 on the file of the Subordinate Court, Perambalur.

(2.) The petitioner is first defendant and respondent is plaintiff in O.S.No.135 of 2010 on the file of the Subordinate Court, Perambalur. The respondent filed the said suit for specific performance of agreement of sale dated 30.03.2009. The petitioner filed written statement on 18.04.2011 and is contesting the suit. The trial commenced and respondent examined three witnesses and after cross examination of those witnesses, closed his side. The petitioner filed proof affidavit. When the suit was posted for taking proof affidavit on file and for marking document, the petitioner filed present application in I.A.No.279 of 2013 under Order 6, Rule 17 C.P.C. to amend the written statement to substitute the date of settlement deed executed by him in favour of his son/second defendant, in para-4 of the written statement as 20.11.2009 instead of 16.12.2010.

(3.) According to the petitioner, he gave xerox copy of the settlement deed and by typographical error, wrong date has been typed.