Rajmohan v. Kasthuri

ORDER Challenging the impugned order dated 27.06.2024 passed in I.A.No.3 of 2024 in O.S.No.17 of 2023 on the file of the Principal District Judge Ariyalur, the defendants 2 and 8 have preferred this revision petition.

¶2After the amendment, the defendants sought permission of the Court to file additional written statement in IA No. 3 of 2024, which was dismissed by the trial court. Aggrieved over the same, the defendants 2 and 8 have preferred this revision petition.

¶3Notice served. The counsel for the respondent also appeared.

¶4Admittedly, now the case is ripe for trial. At this stage, some of the purchasers were impleaded and mother of the plaintiff also been impleaded. Therefore, the second defendant wants to file additional written statement. But the same was dismissed by the trial judge by holding that now he wants to implead totally different defendants, for which he is not entitled. Accordingly, the application was dismissed. But after impleading the parties the second defendant wants to raise some more defence before the pre-trial proceedings. So far the trial has not begun. Therefore, if an opportunity was not given to the defendants before the trial court, it would lead to multiplicity of proceedings. Page3 of 4 By receiving additional written statement would not cause prejudice to any of the parties. But the court below has not given such opportunity and therefore the findings of the trial court is set aside. IA is allowed. He is directed to file written statement and also cooperate with the trial proceedings. The trial court is directed to dispose of the case within a period of six months from the date of receipt of a copy of this order.

¶5Accordingly, this Civil Revision Petition is allowed. The impugned order dated 27.06.2024 passed in I.A.No.3 of 2024 in O.S.No.17 of 2023 on the file of the Principal District Judge Ariyalur, is set aside. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 16-04-2026 Index: Yes/No Speaking/Non-speaking order MTL To

¶1The Principal District Judge Ariyalur. CRPoNo.o4412oofo2024 T.V.THAMILSELVIoJ. MTL CRPoNo.o4412oofo2024 AND CMPoNO.o24524oOFo2024 16-04-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 24524 OF 2024 1. Rajmohan S/o. Late.Viswanathan, Kandiyankollai Village, Udaiyarpalayam Taluk, Ariyalur District. 2. Chandra W/o. Late.Viswanathan, Kandiyankollai Village, Udaiyarpalayam Taluk, Ariyalur District. ..Petitioner(s) Vs Kasthuri W/o. Kalayanaraman, Plot No 169, Door No. 31909-2, 15th Cross, Annai Anjuham Nagar, Chetty Mandabam, Kumbakonam 612001 ..Respondent(s) PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decretal order dated 27.06.2024 passed in I.A.No.3 of 2024 in O.S.No.17 of 2023 on the file of the Principal District Judge Ariyalur. For Petitioner(s): Mr.D.N.George Graham for M/s.Devadason and Sagar For Respondent(s): Mr.S.Kamadevan Page2 of 4