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2006 Supreme(Mad) 3544

K.VENKATARAMAN
R. S. Nagarajan – Appellant
Versus
R. S. Gopalan & Others – Respondent


Appearing Advocates:For the Petitioner:S. Krishnamoorthy, Advocate. For the Respondents:R1, K. Govindarajan, R2, V. Sarangapani, R4, V. K. Vijayaraghavan, Advocates.

Judgment :-

1. The second defendant in O.S. No.7 of 2004 on the file of the Fast Tract Court No. I, Thanjavur is the petitioner. The plaintiff in the said Suit is the first respondent. The defendants 1, 3 and 4 are the respondents 2 to 4 herein. The petitioner/second defendant, who has suffered an order in I.A. No. 769 of 2006 in which he has prayed for filing an additional written statement, has filed the present revision to set aside the said order.

2. The short facts of the case is as follows:

The first respondent has filed the Suit in O.S. No.7 of 2004 against the petitioner and other respondents for partition and separate possession. In the said Suit, the petitioner being the second defendant has filed the written statement repudiating the contentions raised in the plaint. While so, he has filed an Application in I.A. No.769 of 2006 under Order 8, Rule 9 read with Section 151, C.P.C. for receiving additional written statement. The said application has been dismissed by the Court and the present Revision is directed against the said order. In the affidavit in support of the said Application, the petitioner has averred that due to high regard which he had for his elder brother, th























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