Tmt.T.Suriyakumari v. Sasikala (Died) 1.Diwakar And 9 Others

A.No.6179 of 2024 in C.S No.631 of 2012 A.A.NAKKIRAN, J.

This application has been filed by the applicant/3rd defendant to receive the additional written statement of the 3rd defendant in the above suit.

2. The learned counsel for the applicant/3rd defendant submitted that he has already file his written statement and certain vital facts and truths could not be mentioned in his written statement due to some reasons as stated in the affidavit and no prejudice would be caused to the respondents in allowing this application. Hence, he prays to allow this application.

3. The learned counsel for the respondents 1 to 3/plaintiffs 1 to 3 strongly opposed to allow this application stating that the suit is of the year 2012 and the defendant has not stated any reason for the delay of nearly 12 years in filing the present application. Hence he prays for dismissal of the application.

4. Considering the facts and circumstances of the case and, in the interest of justice, by giving an opportunity to the applicant/defendant to putforth his contentions, this Court is inclined to allow this application, by imposing cost.

5. Accordingly, this application is allowed on condition that the applicant/3rd defendant shall pay a sum of Rs.5,000/- (Rupees Five 1/2 https://www.mhc.tn.gov.in/judis

A.A.NAKKIRAN, J uma Thousand only) to the respondents 1 to 3/plaintiffs 1 to 3 on or before 18.12.2024. In the event of failure on the part of the applicant in paying the said amount within the stipulated time, this application shall stand dismissed.

6. Post on 18.12.2024 04.12.2024 uma A. No.6179 of 2024 in C.S No.631 of 2012 2/2 https://www.mhc.tn.gov.in/judis