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2008 Supreme(Mad) 3815

M.VENUGOPAL
K. Sampath – Appellant
Versus
Mani & Another – Respondent


Advocates Appeared:
For the Petitioner:S. Umapathy, Advocate.
For the Respondents: --

Judgment :-

This civil revision petition is filed by the revision petitioner/plaintiff as against the order passed in I.A.No.230 of 2008 in O.S.No.75 of 2004 dated 30.7.2008 by the District Munsif,Arni, Tiruvannamalai District in allowing the application filed under Order 6 Rue 17 CPC to amend the additional written statement of the second defendant filed by the respondents/defendants 2 and 10. The trial Court has passed orders in I.A.No.230 of 2008 in O.S.No.75 of 2004 as follows:"Heard .I.A.allowed ".

2. The learned counsel appearing for the revision petitioner/plaintiff urges before this Court that the cryptic order of the trial Court as " Heard I.A.allowed" is not sustainable in the eye of law inasmuch as the trial Court has not applied its mind and has not passed a reason and conclusive order determining the rights of the parties.

3. It is not in dispute that the respondents/defendants 2 and 10 have filed I.A.No.230 of 2008 in O.S.No.75 of 2004 praying to amend the additional written statement of the second defendant. The revision petitioner/plaintiff has filed a detailed counter to the said application. It cannot be gain-said that it is the primordial duty of the trial Court


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