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2003 Supreme(Mad) 640

K.GNANAPRAKASAM
C. K. Philips (deceased) & Others – Appellant
Versus
T. A. Shanmugam(deceased) & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.S.M.Hameed Mohideen Advocate for Mr.M.Chidambaram. For the Respondents:Mr.R.Ceyardoss, Advocate.

Judgment :-

The revision petitioner is the plaintiff who filed the suit for specific performance of the contract of same in respect of the agreement executed by the defendant and the said suit was decreed on 29.1.1986. Pursuant to the sale, the plaintiff applied for execution in E.P.No.293/1986 and the Executing Court also ordered, execution of the sale deed. The petitioner/plaintiff furnished necessary stamp papers for the execution of the sale deed and the sale deed was also presented before the Sub-Registrar Office at Ambathur by the concerned clerk of the Court on 20.7.1993. At that time, it was found that the survey number furnished was the survey number of the village and the correct survey number is that 204/1C1B4. Thereafter, the plaintiff verified the revenue records and found, what was given in the plaint was only the village survey number and the correct survey number is 204/1C1B4. Immediately, the plaintiff filed an application for amendment under Order 6 Rule 17 and also under Section 15 C.P.C. permitting him to carry out the amendment. The said petition was resisted by the respondent/defendant making general denial as stated in the averments in the affidavit. Ultimate














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