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Judgment
Honourable Mr. Justice M. Jaichandren
This Civil Revision Petition has been filed against the order, dated 9.7.2009, made in I.A.No.34 of 2009, in O.S.No.226 of 2003, on the file of the Additional Subordinate Court, Thanjavur.
The petitioner in the present Civil Revision Petition is the second defendant in the suit, in O.S.No.226 of 2003. The said suit had been filed to direct the defendants, jointly, severally and personally, to pay the suit amount, with subsequent interest, at the rate of 13.25% per annum, with quarterly rests, from the date of the plaint, till the date of realisation of the said amount, and to pass a usual preliminary mortgage decree, directing the second defendant to pay the amount, together with interest and costs, within a time specified by the Court.
During the pendency of the said suit, the petitioner had filed an interlocutory application, in I.A.No.34 of 2009, praying for the necessary permission, from the trial Court, to strike off the written statement already filed on behalf of the second defendant, who is the petitioner herein, on 19.7.2004, and to permit the petitioner to file a fresh written statement, since, the written statement, dated 19.7.2004, had been filed by some other person, with forged signatures. Based on an enquiry, a report, dated 30.4.2009, has been filed before this Court stating that there was no forgery committed, in the filing the written statement, dated 19.7.2004. In such circumstances, this Court finds no merit in the present civil revision petition filed by the petitioner. Accordingly, the Civil Revision Petition stands dismissed. No costs. Connected M.P.(MD) No.1 of 2009 is closed.