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2013 Supreme(Mad) 2195

K.RAVICHANDRA BAABU
S. Manoharan – Appellant
Versus
Karunamurthy – Respondent


Advocate Appeared
For the Petitioner:Ms. P.T. Asha for M/s. Sarvabhauman, Associates, Advocates.
For the Respondent:V. Venkatasamy, Advocate.

JUDGMENT

1. This Civil Revision Petition is filed against an order made in I.A.No. 12 of 2012 in A.S.No.161 of 2012 on the file of the Additional District Judge, Fast Track Court No.3 Coimbatore, wherein and whereby the said application filed by the respondent herein, under Order 6 Rule 17 CPC, seeking for amendment of the plaint, was allowed.

2. The respondent herein filed a suit in O.S.No. 1507 of 2001 on the file of the Sub Court, Coimbatore against the petitioner herein seeking for specific performance of an agreement of sale dated 19.12.1997. The said suit, after contest, was dismissed by the trial Court on 13.4.2007 by holding that the plaintiff did not take any steps to get the sale deed executed within the time stipulated in the suit agreement. It was also found by the trial Court that the endorsement made in the suit agreement under Ex.A4 dated 10.12.1998 extending the period of agreement is not acceptable as the power of attorney of the plaintiff did not have any such power to make such endorsement and as such the same will not bind the defendant. Aggrieved against the said judgment and decree, the respondent herein filed an appeal before the Additional District court, C



























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