The defendant in O.S. No. 2 of 2005 on the file of the Principal Subordinate Judge, Cuddalore is the revision petitioner herein. The said suit was filed by the respondent herein for specific performance based on the agreement for sale dated 19.09.1992. In the said suit, the plaintiff/ respondent herein was examined in part. At this stage, the petitioner has filed I.A. No. 119 of 2006 under Order 8 Rule 6-A CPC seeking leave of the Court to file counter-claim, which was dismissed by the trial court on 14.09.2006. Challenging the said order dated 14.09.2006, the present revision petition has been filed.

2. Mr. Kannan, learned counsel appearing for the petitioner submitted that the petitioner in his written statement has taken a plea that the agreement of sale dated 19.09.1992 is fabricated one; the respondent took possession of the suit property from the petitioners tenants unlawfully; that the respondent herein has filed O.S. No. 372 of 2002 on the file of the Additional District Munsif Court, Cuddalore for bare injunction in respect of the very same property; that in the said suit, a handwriting expert was appointed, who filed his report to the effect that the sale agre