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Madras High CourtCRP/4155/2013dismissed

K.A.Abibur Rahman v. The Commissioner

2019-03-21Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.03.2019 Coram The Honourable Mr.Justice N.SATHISH KUMAR C.R.P(PD)No.4155 of 2013 K.A.Abibur Rahman

...Petitioner

Versus

The Commissioner, Gudiyattam Municipality, Gudiyattam, Vellore District.

...Respondent

This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order of the learned District Munsif, Gudiyattam, Vellore District dated 12.06.2013 in I.A.No.157 of 2013 in O.S.No.398 of 2008. For Petitioner :

Mr.T.M.Hariharan For Respondent :

No Appearance

O R D E R

The above Civil Revision Petition has been filed against the order passed by the learned District Munsif, Gudiyattam, Vellore District in I.A.No.157 of 2013 in O.S.No.398 of 2008 dated 12.06.2013, in and by which the learned District Munsif had allowed the Application filed by the defendant to file the additional written statement in the suit.

2. Heard Mr.T.M.Hariharan, learned counsel for revision petitioner.

3. At the outset, I do not find any error in the order of the trial Court in allowing the defendant to file the additional written statement in the suit. Under Order VIII Rule 9 of C.P.C, the trial Court has absolute power to grant leave to file an additional written statement. In this case, the trial Court has exercised such discretion correctly.

4. In the result, this Civil Revision Petition is dismissed and the order passed by the learned District Munsif, Gudiyattam, Vellore District in I.A.No.157 of 2013 in O.S.No.398 of 2008 dated 12.06.2013 is confirmed. The revision petitioner is also granted liberty to file a reply statement within a period of one month from the date of receipt of a copy of this order and thereafter, the trial Court is directed to proceed to dispose of the suit within six months.

21.03.2019 mrr Index : Yes/No To 1.The District Munsif, Gudiyattam, Vellore District.

2.The Commissioner, Gudiyattam Municipality, Gudiyattam, Vellore District.

N.SATHISH KUMAR, J., mrr C.R.P(PD)No.4155 of 2013 21.03.2019