P NACHIMUTHU Vs. P UDAYAKUMAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 12.09.2017 made in I.A.No.715 of 2017 in O.S.No.95 of 2010 on the file of the Sub Court, Dharapuram.

(2.) The petitioner is the defendant and respondent is the plaintiff in O.S.No.95 of 2010 on the file of the Sub Court, Dharapuram. The respondent filed said suit for recovery of money claiming a sum of Rs.4,45,842/- being the balance amount payable by the petitioner in respect of house constructed by the respondent in the land belonging to the petitioner. The petitioner filed written statement and is contesting the suit. According to the respondent, he is a Civil Engineer. The petitioner approached the respondent to construct a house in the land belonging to the petitioner and it was agreed that cost of construction is Rs.1,000/- per sq.ft. An agreement dated 10.03.2009 was prepared as per the agreed terms. The respondent signed the same and it was given to the petitioner, who is residing in Chennai. The petitioner promised to sign the same and hand over the agreement to the respondent. The petitioner failed to hand over the said agreement duly signed, but paid a sum of Rs.2,00,000/- by way of cheque to the respondent and asked the respondent to proceed with construction. The petitioner was paying the instalment amount as agreed upon and hence respondent did not insist upon the original agreement to be returned to him duly signed. The petitioner denied the existence of the alleged agreement and claim of the respondent. The trial commenced and suit was posted for cross-examination of the respondent, at that stage, the respondent filed present I.A.No.715 of 2017 under Order 65(a) of the Evidence Act, 1872, for permission to file xerox copy of the agreement dated 10.03.2009.

(3.) According to the respondent, he sent the agreement to the petitioner for signature, who is residing at Chennai, but the petitioner did not return the agreement and retained the same. In view of the above facts, the respondent sought for permission to file xerox copy of the agreement dated 10.03.2009.