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B. KRISHNA MOHAN
B. Santhosh – Appellant
Versus
K. Chengamma Naidu (Died) – Respondent
JUDGMENT :
1. Heard the learned Senior Counsel for the petitioner and the learned Counsel for the respondent Nos.9 to 12.
2. This revision is filed against the order passed in IA No.281 of 2024 in OS No.262 of 2002 on the file of Additional Civil Judge (Senior Division), Chittoor, dated 08.08.2024 in partly allowing the petition permitting the petitioner/7th defendant to participate in the suit proceedings at the stage of arguments only.
3. The petitioner is the 7th defendant in the suit and the respondent Nos.9 to 12 are the defendant Nos.4, 5, 6 and 8 in the suit.
4. The learned Senior Counsel for the petitioner submits that the petitioner/7th defendant is only aggrieved of the order passed by the Court below only to the extent of permitting the petitioner to participate in the suit proceedings at the stage of arguments only. Having permitted to participate in the suit proceedings, the Trial Court ought to have allowed the petitioner/7th defendant to avail all the consequences instead of limiting the role of participation from the arguments stage only. When the petitioner/7th defendant was allowed to file the additional written statement in the suit proceedings, the said defendant mu
Legal representatives of a deceased defendant must disclose independent right to introduce new evidence or defences; merely adopting the predecessor's position limits their actions.
Legal representatives in a partition suit are entitled to contest the case and file a written statement, safeguarding their rights and opportunity for fair trial.
Legal representatives must adhere to deceased parties' original pleadings; contradictory additional statements are impermissible unless properly amended or requested.
Legal representatives can participate in partition suit proceedings without raising new defenses, emphasizing proper adherence to procedure under the Civil Procedure Code.
A trial court may allow filing of an additional written statement under Order 8 Rule 9 of CPC when trial has not commenced, emphasizing judicial discretion and the need to avoid prejudice in litigati....
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