PANEERSELVAM Vs. THIYAGARAJAN

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 22.06.2015 made in I.A.No.84 of 2014 in O.S.No.4 of 2013 on the file of the Principal District Court, Thiruvarur.

(2.) The petitioner is the first defendant, first respondent is the plaintiff and respondents 2 to 4 are the defendants 2 to 4 in O.S.No.4 of 2013 on the file of the Principal District Court, Thiruvarur. The first respondent filed the said suit for recovery of a sum of Rs.8,50,000/-. According to the first respondent, he appointed the petitioner as Power Agent and subsequently, he cancelled the said power. When the first respondent obtained Encumbrance Certificate, he came to know that petitioner sold the properties to respondents 2 to 4. The petitioner did not pay the sale consideration to the first respondent.

(3.) According to the petitioner, as per the power executed by the first respondent, he sold the property to the respondents 2 to 4 and paid the sale consideration to the first respondent and first respondent also confirmed the same by hand written letter dated 04.02010. The petitioner in the written statement has stated this fact. The first respondent did not file any reply, denying the same. During cross examination, the first respondent denied having executed hand written letter. In view of the same, the petitioner has filed the present I.A.No.84 of 2014 under Order XXVI Rule 10(A) and Section 151 of C.P.C for appointment of an Advocate Commissioner to verify the documents and send the same to hand writing expert for comparison and file a report to this Court.