E.S.S.K.Venkataramana v. Gnanakumar Kanagasabapathy Perimanam Pillai

A.No.3409 of 2023 in C.S.No.696 of 2019 R.N.MANJULA,J.

This application has been filed seeking permission for the plaintiff to file reply statement to the written statement filed by the defendant.

2. Despite time has been granted for filing counter to the respondent / defendant, so far counter has not been filed.

3. The learned counsel for the applicant / plaintiff submitted that he has filed a suit for recovery of money against the defendant; in the written statement filed by the defendant, the defendant has raised certain allegations which are unconnected to the suit transactions and they are not true; hence if opportunity is not granted to file reply statement, the applicant / plaintiff will suffer prejudice for not filing appropriate pleadings.

4. On perusal of the written statement, it is seen that the defendant had denied his liability to pay the suit amount by stating that all the dues Page No.1 of 2 https://www.mhc.tn.gov.in/judis

were already paid. However, the defendant had taken a plea about some purchase agreement with regard to one Jade Condominium and that had prompted the applicant / plaintiff to file the reply statement. The defendant's written statement is seen to be stating various transactions. Hence, in the interest of justice, an opportunity should be given to the applicant / plaintiff to file his reply statement.

5. Hence, this application is allowed. The Registry is directed to receive the reply statement filed by the applicant / plaintiff, if it is otherwise in order.

18.07.2023 gsk A.No.3409 of 2023 in C.S.No.696 of 2019 Page No.2 of 2 https://www.mhc.tn.gov.in/judis