← Library
Madras High CourtCRP/4500/2017dismissed

Yasoda v. Palaniyappan

2017-12-08Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(PD).No.4500 of 2017 and CMP.No.21263 of 2017 1.Yasodha 2.Palaniyappan ..Petitioners Vs.

Palaniyappan ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 12.07.2017 made in I.A.No.164 of 2017 in O.S.No.88 of 2009 on the file of District Munsif Court at Paramathy. For petitioners : Mr.T.L.Thirumalaisamy

ORDER

According to the revision petitioner, the respondent has filed a suit in OS.No.88 of 2009 before the District Munsif Court, Paramathy for permanent injunction against the revision

petitioners. In the aforesaid suit, plaintiff side evidence was concluded and posted for examination of defendants' side evidence. At this stage, the revision petitioners filed the present application to file additional written statement in the aforesaid suit. The trial court has dismissed the said application stating that the defence raised in the new written statement is inconsistent with the original written statement and new plea has been raised in the said written statement. Hence, the revision petitioners have filed the present Civil Revision Petition before this Court.

2. The learned counsel for the revision petitioners would submit that the reasons stated by the court below for dismissal of the application is unsustainable and the defendant can file written statement even at the stage of evidence of defendant side. Hence, the order of the court below is liable to be set aside.

3. The trial court has rightly rejected the application for the reason that new defence has been raised by the revision petitioner in the additional written statement and the instant application has been filed belatedly to file additional written statement in the said suit. Therefore, there is no warrant to interfere with the orders passed by the court below.

4. In the result, the Civil Revision Petition fails and accordingly, the same is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

08.12.2017 Speaking / Non Speaking order Index :Yes/No Internet :Yes/No lok

D.KRISHNAKUMAR.J, lok To The District Munsif Court, Paramathy.

CRP.(PD).No.4500 of 2017 and CMP.No.21263 of 2017 08.12.2017