N. CHELLAN Vs. S. NAGARAJA PERUMAL

JUDGEMENT

(1.) THIS civil revision petition is filed under Section 115 of the Civil Procedure Code against the order dated 14.11.2006 made in I.A.No.182 of 2006 in A.S.No.17 of 2006, on the file of the learned subordinate Judge, Padmanabhapuram, wherein the learned subordinate Judge allowed the application seeking amendment, filed by the respondent herein.

(2.) THE respondent herein filed the suit in O.S.No.215 of 2002 on the file of the Sub -Court, Padmanabhapuram, against the petitioner/defendant and prayed for execution of the sale deed in favour of the plaintiff on the basis of an agreement of sale dated 27.9.2000. According to the plaintiff, a sum of Rs.40,000/ - was received by the petitioner/defendant and a sale agreement was executed, which was not implemented by executing a sale deed. By a judgment dated 23.3.2005, the said suit was dismissed by the learned subordinate Judge, Padmanabhapuram.

(3.) CHALLENGING the judgment and decree, the respondent filed appeal in A.S.No.17 of 2006. In the said appeal, the respondent filed I.A.No.182 of 2006, seeking amendment of the plaint, directing the defendant/petitioner herein to return back the earnest money of Rs.40,000/ - with simple interest at the rate of 9% per annum from the date of execution of the sale agreement till date of appeal, and thereafter, at 6% per annum, till payment of the same.