CRP/650/2023 of A.P.SAMPATHKUMAR Vs T.R.RAJENDRAN @ T.R.RAJENDAR on 26 October 2026

ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 02.1.2023 made in I.A.No.2 of 2022 in O.S.No.92 of 2020 on the file of the Third Additional District & Sessions Court, Erode at Gobichettipalayam (for short, the Court below) wherein the application filed by the petitioner/defendant under Order VII Rule 11 of the Civil Procedure Code (CPC) for rejection of the plaint, came to be dismissed.

2. Even though the above civil revision petition has been filed under Article 227 of The Constitution of India, it is converted into one under Section 115 of the CPC and this Court has heard the learned counsel on either side.

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3. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned order.

4. The respondent/plaintiff filed the said suit seeking for the relief of specific performance based on an unregistered agreement of sale dated 02.7.2020.

5. In the said suit, the petitioner/defendant filed the said application seeking to reject the plaint on the ground that the sale agreement was a fraudulent document, that since it being an unregistered document, it was inadmissible in evidence and that therefore, there was no cause of action for filing the said suit.

6. The Court below dismissed the said application by the impugned order on the ground that the non registration of the sale agreement would not vitiate the claim made by the respondent/ plaintiff in view of the Proviso to Section 49 of the Registration Act, that there was a prima facie cause of action for filing the said suit and that the said suit was not barred by limitation. Aggrieved by

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that, the above revision has been filed before this Court.

7. In the considered view of this Court, the impugned order passed by the Court below does not suffer from any perversity warranting the interference of this Court.

8. The Court below relied upon the judgment of this Court to the effect that the unregistered sale agreement could be the basis for filing the suit for specific performance in view of the Proviso to Section 49 of the Registration Act.

9. Accordingly, the above civil revision petition is dismissed and the impugned order dated 02.1.2023 made in I.A.No.2 of 2022 in O.S.No.92 of 2020 on the file of the Third Additional District & Sessions Court, Erode at Gobichettipalayam is sustained. It is left open to the petitioner/defendant to raise all the necessary defences before the Court below and the same shall be considered on their own merits and in accordance with law. Considering the fact that the said suit is of the year 2020, there shall be a direction to the Third Additional District & Sessions Court, Erode at Gobichettipalayam to

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dispose of O.S.No.92 of 2020 within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, the connected CMP is closed.

26-10-2026 To The Third Additional District & Sessions Court, Erode at Gobichettipalayam RS

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N.ANAND VENKATESH,J RS CRP.No.650 of 2023& CMP.No.5101 of 2023 26-10-2026

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