K MUNIRATHINAM NAIDU Vs. G BALARAMAN

JUDGEMENT

(1.) The Plaintiff in O.S. No. 198 of 2006 is the revision petitioner before this Court.

(2.) O.S. No. 198 of 2006 has been filed by the plaintiff for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit property. Pending suit the plaintiff filed an I.A. No. 172 of 2007 under Order 13 Rule 3 of C.P.C. to reject the Unregistered Lease Deed filed by the defendant which is inadmissible in evidence and also not rectificable even by affixing penalty stamp duty vide, Duraisami Naidu and Ors. v. C. Ramakrishnan and Ors.,2006 5 CTC 681 A counter was filed on behalf of the defendant wherein it was stated that plaintiff was given sufficient opportunity to file counter before marking the documents. As it was not done, the petition was allowed ex-parte and the document was marked. Hence, he prayed for dismissal of I.A.

(3.) The trial Court by order dated 28.02.2007 relying on the decision of the Hon'ble Supreme Court Bippin Shantilal Panchal v. State of Gujarath and Anr., 2001 3 SCC dismissed the same. Aggrieved by the same, the above C.R.P. has been filed by the plaintiff under Article 227 of the Constitution of India.