COLONEL K MALAIAPPAN (RETD) Vs. V DAMODARAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 04.11.2015 made in I.A.No.61 of 2012 in O.S.No.7848 of 2010 on the file of the XVI Additional Judge, City Civil Court, Chennai.

(2.) The petitioner is the plaintiff, first respondent is the second defendant, second respondent is the first defendant in O.S.No.7848 of 2010 on the file of the XVI Asst. Judge, City Civil Court, Chennai. The petitioner filed the said suit for specific performance of agreement of sale and for declaration that the sale deed dated 210.2007 bearing Doc.No.3731 of 2007 executed by the second respondent in favour of the first respondent as null and void. The first respondent filed written statement on 20.11.2010 and the second respondent filed written statement on 16.08.2011 and are contesting the suit. Trial commenced. Parties have let in evidence and closed their side. The suit was posted for arguments on 15.03.201 The first respondent filed I.A.No.61 of 2012 to re-open the evidence of the first respondent for further evidence on the side of the first respondent.

(3.) The learned Judge, considering the averments in the affidavit and counter affidavit and that the first respondent has filed two subpoena applications to summon the officials to examine them as witnesses in the suit, allowed the application in the interest of justice, in order to give an opportunity to the first respondent to prove his case.