1. This Civil Revision Petition is filed by the unsuccessful 2nd defendant assailing the orders dated 26.06.2012 of the leaned Principal Senior Civil Judge, Nellore dismissing his application in I.A.No.1028 of 2011 in O.S.No.653 of 2009 filed under Order XIII Rule 3 read with Section 151 of the Code of Civil Procedure (`the Code’, for short) requesting to demark and reject exhibit A1, the original agreement of sale dated 02.06.2008, and to eschew the evidence of PW1 in regard to the said exhibit.

2. The facts necessary for consideration, in brief, are as follows:- `The respondents 1 and 2 herein/plaintiffs (`the plaintiffs’, for short) filed the suit O.S.No.653 of 2009 against the revision petitioner/2nd defendant (`the 2nd defendant’, for short) and the 3rd respondent/1st defendant for return of the advance amount with interest and for costs.? The plaintiffs filed and relied upon the original agreement of sale dated 02.06.2008.? The 2nd defendant filed a written statement resisting the suit.? The case of the 2nd defendant is as follows: `Since the suit is not one for specific performance of the said agreement of sale and as the suit is filed only for return of the advance