V.S. Shanmugam v. S. Amirthammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1607 of 2016 and C.M.P.No.8736 of 2016 V.S.Shanmugam S/o.V.K.Subramaniya Mudali ... Petitioner vs 1.S.Amirthammal 2.P.Bhavani 3.V.S.Kuttiappan 4.V.S.Nagarathinam 5.V.S.Dorairaj 6.N.Kuzhandaiammal 7.N.Padmavathy 8.V.C.N.Venkatesan 9.A.Suseela 10.V.V.Kuppusami 11.D.Thenmozhi 12.S.PAdmavathi 13.S.Dhananjayan 14.The Branch Manager State Bank of India Mel Visharam, Walaja Taluk, Vellore District ... Respondents (No relief is claimed against respondents 3 to 14. Hence notice to respondents 3 to 14 may be dispensed with)

Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 19.06.2015 passed in I.A.No.28 of 2015 in O.S.No.91 of 2011 on the file of Sub Court, Tiruttani.

For Petitioner :

Mr.S.Mukunth *****

O R D E R

This revision challenges the order of learned Sub Judge, Tiruttani, passed in I.A.No.28 of 2015 in O.S.No.91 of 2011 on 19.06.2015 allowing the defendants 4 and 8 to file additional written statement.

2. It is the contention of the learned counsel for petitioner that in filing the additional written statement the third defendant, who in the original written statement has refused to accept the existence of the will had taken a diametrically opposite position of genuiness of the will.

3. This Court is of the view that there is no error in the order of the Court below in allowing the defendants 4 and 8 to file additional written statement. The Court below necessarily would arrive at a finding in the case after considering the evidence adduced.

The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 13.06.2016 Index:yes/no Internet:yes To The Sub Court, Tiruttani

C.T.SELVAM, J kpr Civil Revision Petition (PD) No.1607 of 2016 13.06.2016