S. SOUNTHAR
S. Rajasekar – Appellant
Versus
R. Dhamodaran – Respondent
ORDER :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the impugned order dated 27.04.2023 passed by the 1st Additional District and Sessions Court at Cuddalore in I.A.No.265 of 2022 in O.S.No.316 of 2021.
The Civil Revision Petition is filed challenging the order passed by the Court below dismissing the application filed by the petitioner seeking rejection of the plaint.
2. The respondent herein filed a suit seeking specific performance of agreement dated 09.06.2020. The petitioner herein filed an application for rejection of the plaint on the ground that the agreement in question was unregistered one. The Court below by relying on the judgment of the Hon'ble Apex Court in the case of R.Hemalatha Vs Kashthuri in Civil Appeal No.2532 of 2023 dated 10.04.2023 held that in a suit for specific performance of agreement, unregistered sale agreement can be received as evidence and dismissed the petition filed by the revision petitioner for rejection of the plaint. Aggrieved by the same, he is before this Court.
3. The learned counsel appearing for the petitioner by taking this Court to Section 17 and
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