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Madras High CourtCRP/3532/2018dismissed

D.Naveethakrishnan v. P.Poovathal

2021-06-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.PD.No.3532 of 2018 and CMP.No.19782 of 2018 1.D.Naveethakrishnan S/o. Late Duraisamy

2. D.Muthukumar S/o. Late Duraisamy

3. D.Visalakshi W/o. Late Duraisamy ..Petitioners Vs.

P.Poovathal W/o. Palanisamy ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of Constitution of India praying to set aside the fair and decretal order dated 18.09.2018 made in I.A.No.494 of 2018 in O.S.No.2 of 2010 on the file of the District Munsif Judge, Palladam.

For Petitioners : Mr.K.Myilsamy For Respondent : No Appearance 1/4

ORDER

This Civil Revision Petition is filed to set aside the fair and decretal order dated 18.09.2018 made in I.A.No.494 of 2018 in O.S.No.2 of 2010 on the file of the District Munsif Judge, Palladam, thereby dismissing the petition seeking permission to file an additional written statement. 2.

The petitioners are the defendants and the respondent is the plaintiff in the suit. The respondent filed a suit for partition. The petitioners filed written statement on 29.11.2010. Thereafter, after a period of 7 years, they filed a petition seeking permission to file additional written statement, that too when the P.W.1 was in box for cross examination.

3. It is seen that the petitioners filed a petition seeking permission to file an additional written statement during the fag end of trial, when the P.W.1 and 2 were in box for cross examination. If the petitioners are allowed to file additional written statement, it may lead to take some more time for the trial Court by allowing the respondent to file her reply statement and framing additional issues. Therefore, the Court below rightly 2/4

dismissed the petition. Therefore, this Court finds no infirmity or illegality in the order passed by the Court below.

4.

Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.

25.06.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No dh To The District Munsif Judge, Palladam.

3/4

G.K.ILANTHIRAIYAN,J.

dh CRP.PD.No.3532 of 2018 25.06.2021 4/4