S. Shanthi v. T.H. Lalitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.24590 of 2025 S. Shanthi W/o. Late. Sudhakar, No.85/1, Mayuri Flats, TS Krishna Nagar, Mugappair, Chennai 050.

..Petitioner(s) Vs T.H. Lalitha W/o. Hemambujam, No.A/13, Bajanai Koil St, Vishnuvakkam Village, Kilanur Post, Tiruvallur. ..Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order passed in IA No.3 of 2024 in OS No.83 of 2020 pending on the file of Honble Special Sub Court for LAOP Cases, Tiruvallur thereby allowing the petitioner to file the additional written statement by allowing this CRP.

For Petitioner(s):

MR.E.Prabu For Respondent(s):

MR.A.R.Suresh

ORDER

The Civil Revision Petition has been filed challenging the order passed in IA No.3 of 2024 in OS No.83 of 2020 on the file of the Special Sub Court for LAOP Cases, Tiruvallur.

2. Before the trial Court, the defendant filed an application seeking permission to receive an additional written statement, which was dismissed by the trial Judge. Aggrieved by the same, the present revision has been filed.

3. The learned counsel for the petitioner/defendant submitted that, at the time of commencement of trial, it was noticed that certain material particulars relating to the suit property were inadvertently omitted in the original written statement. Hence, the defendant sought to file an additional written statement. However, the trial Court failed to afford such an opportunity.

4. Per contra, the learned counsel for the respondent/plaintiff submitted that the application was filed belatedly, after commencement of trial, without assigning valid reasons, and that the trial Court had rightly dismissed the same.

5. Considering the submissions made on either side, this Court is of the view that, in order to afford a fair opportunity to the parties, the defendant may be permitted to file an additional written statement, particularly to incorporate necessary details relating to the suit property. Though the application has been filed at a belated stage and the suit is of the year 2020, the interest of justice warrants granting such an opportunity.

6. Accordingly, the order passed by the trial Court is set aside and the application is allowed, subject to payment of costs of Rs.2,000/- to the learned counsel appearing for the respondent. The defendant is permitted to file an additional written statement. Liberty is also granted to the plaintiff to file a reply, if any. Both parties are directed to cooperate with the trial proceedings and to appear before the trial Court without seeking unnecessary adjournments.

7. This Civil Revision Petition is allowed with the above observation. No costs. Consequently, connected miscellaneous petitions is closed. 16-04-2026 Index: Yes/No Speaking/Non-speaking order MPA To

1. The Special Sub Court for LAOP Cases, Tiruvallur.

2. The Section Officer, V.R.Section, High Court, Madras.

T.V.THAMILSELVI, J.

MPA and CMP.No.24590 of 2025 16-04-2026