Vimalkumar Jain v. S.Elumalai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA and C.M.P.No.8440 of 2022 Vimalkumar Jain ... Petitioner Vs.
S.Elumalai ... Respondent PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order fair and decreetal orders dated 05.04.2022 passed in I.A.No.1 of 2021 in O.S.No.5 of 2018 on the file of the I Additional District Court, Tindivanam.
For Petitioner : Mrs.R.Meenal **********
O R D E R
This Civil Revision Petition has been preferred challenging the order of the learned I Additional District Judge, Tindivanam dated 05.04.2022 made in I.A.No.1 of 2021 in O.S.No.5 of 2018.
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2. The revision petitioner is the plaintiff in the suit. The respondent/ defendant has filed a petition in I.A.No.1 of 2021 to receive additional written statement and the same was allowed. Aggrieved over that this revision petition has been preferred.
3. The learned counsel for the petitioner has submitted that the additional written statement itself is not maintainable and the respondent under the guise of filing additional written statement has made untenable allegations in the same.
4. It is reliably learned that the trial in the suit has already been commenced and now the suit is pending for cross-examination of PW1. By merely receiving the written statement there cannot be any guarantee that the averments made in the written statement is totally accepted by the Court. It is upto the parties to prove or disprove their contentions by producing proper materials before the Court. No prejudice would be caused to the plaintiff by allowing the petition to receive the additional written statement.
5. So I find no reason for interference. Accordingly, this Civil Revision 2/4
Petition is dismissed. However, the learned I Additional District Judge, Tindivanam is directed to dispose of the suit as expeditiously as possible. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 17.06.2022 Index: Yes/No Speaking / Non Speaking Order dsa To The I Additional District Judge, Tindivanam.
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R.N.MANJULA, J dsa 17.06.2022 4/4