NAGESH KUMAR Vs. SANJAY SINGH

JUDGEMENT

(1.) Heard Sri Hare Ram, for the petitioner.

(2.) This petition has been filed for setting aside the order of Civil Judge (Junior Division) dated 07.01.2016, allowing amendment application of the defendant-respondent to amend written statement under Order 6 Rule 17 C.P.C.

(3.) Nagesh Kumar (the petitioner) filed a suit on 29.04.2010 (registered as O.S. No. 435 of 2010) for cancellation of sale deed dated 30.03.2010, executed by him in favour of Sanjay Singh (the respondent). It has been stated in plaint that the petitioner was owner plot 634/6/4 (area 0.057 hectare) situated at town and pargana Mariahu, district Jaunpur, in which he was running a petrol pump since 1970. The respondent was also in business of petrol pump as such they were familiar to each other. The petitioner was in need of Rs. 10,00,000/-. The respondent agreed to pay the aforesaid amount on condition of execution of registered receipt. The petitioner went to the office of Sub-Registrar Mariahu on 30.03.2010 for execution of registered receipt and taking money. The respondent, in collusion of their men, got consumed intoxicant to the petitioner, due to which the petitioner had lost his consciousness. Taking advantage of mental condition of the petitioner, the respondent obtained his signatures on the sale deed of aforesaid property, in place of receipt for loan and got it registered, which had been got prepared without any knowledge of the petitioner. The sale deed was obtained by committing fraud and liable to be canceled. On these allegations suit was filed.