P.M. MOHAN Vs. SHAIK RIYAZ AHMED

JUDGEMENT

(1.) This revision is filed under Art. 227 of the Constitution of India, challenging the order dated 05.07.2016 passed by the IV Additional District Judge, Nellore in I.A.No. 426 of 2016 in O.S.No. 4 of 2009. Petitioner is the 2nd defendant in the above suit.

(2.) The 2nd defendant filed I.A.No.426 of 2016 under Sec. 151 of the Code of Civil Procedure (for short 'C.P.C.') seeking to receive the additional written statement. By order dated 05.07.2016, the Court below dismissed the said I.A. Aggrieved by the same, the 2nd defendant preferred this revision.

(3.) The brief facts are that the plaintiff filed the said suit for specific performance of agreement of sale dated 08.02.2008 executed by the defendant, the father of the 2nd defendant. When the suit is at the stage of evidence of the plaintiff, the said I.A. is filed by the 2nd defendant with the averments that in the closed room of his father, he found a registered settlement deed dated 27.12.2008 settling the suit schedule property in his favour and also two nonjudicial stamp papers worth of Rs. 10.00 dated 19.05.2008, which show that the 1st defendant was ready and willing to fulfil his part of promise and it was the respondent/plaintiff, who did not come forward to Registrar Office to execute the sale deed in his favour.