Dhanasekar v. Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.7146 of 2026

1. Dhanasekar S/O. Egambaram, Kozhipattu Main Road, Kozhipattu Village, Palliyanthur Post, Villupuram.

2. Udayakumar S/O. Egambaram, Kozhipattu Main Road, Kozhipattu Village, Palliyanthur Post, Villupuram.

Petitioner(s) Vs

1. Sivakumar S/O. Arumugam, Kozhipattu Main Road, Kozhipattu Village, Palliyanthur Post, Villupuram.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to allow the Civil Revision Petition by directing the Principal District Munsif, Villupuram, to set aside the fair and decretal order dated 03.12.2025 passed in IA No.1 of 2025 in OS No.11 of 2024 (On the file of the Principal District Munsif Court, Villupuram) and granting such other and further reliefs which this Honble Court.

For Petitioner(s):

Mr.U.Gowri Shankar For Respondent(s):

ORDER

Before the trial Court, the revision petitioners / defendants filed I.A. No.1 of 2025 in OS No.11 of 2024, on the file of the Principal District Munsif Court, Villupuram, seeking permission to file an additional written statement after the filing of the Commissioner's report. The Court below dismissed the same, and aggrieved by such dismissal, the present revision has been filed.

2. The learned counsel for the revision petitioners submitted that the additional written statement was sought to be filed immediately after the Commissioner's report was filed. At that stage, although the chief examination affidavit of PW1 had been filed, cross-examination had not yet commenced. The defendants intended to file the additional written statement in respect of the Commissioner's report, and the reasons assigned appear to be justifiable.

3. If such an opportunity is not granted, the right of the defendants to effectively defend the case would be defeated. Hence, this Court is inclined to set aside the order of the learned trial Judge passed in I.A. No. 1 of 2025 in O.S.No.11 of 2024, on the file of the Principal District Munsif Court, Villupuram.

4. Accordingly, the Civil Revision Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

5. Liberty is granted to the respondent/plaintiff to file a reply statement, if any, and both parties are directed to cooperate for the expeditious disposal of the case.

01-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.Sivakumar S/O. Arumugam, Kozhipattu Main Road, Kozhipattu Village, Palliyanthur Post, Villupuram.

2. The Principal District Munsif Court, Villupuram.

3. The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri 01-04-2026