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1957 Supreme(Mad) 222

PANCHAPAKESA AYYAR
Nanjan – Appellant
Versus
Selai – Respondent


Advocates:
P.S. Balakrishna Ayyar and P.S. Ramachandran, for Petitioner.
Messrs. Pais, Lobo and Alvares, for Respondents.

Judgment

This is a petition filed by one Nanjan, the plaintiff in O.S. No. 127 of 1948, on the file of the Subordinate Judge of Ootacamund, for revising and setting aside the Order of the Additional District Judge, Coimbatore, dated 11th August, 1956, in A.S. No. 320 of 1951, directing the respondents-defendants to file their additional written statements on or before 16th August, 1956, and the petitioner-appellant to file his reply thereto on or before 24th August, 1956 and posting the appeal to 27th August, 1956, for framing of further issues.

I have perused the records and heard the learned counsel on both sides. Mr. P.S. Ramachandran, the learned counsel for the petitioner, rightly urged that a Court should not direct suo motu the amendment of the pleadings like the filing of such additional written statements by the respondents in an appeal, however necessary they may be in the interest of justice, but should wait till the respondents in the appeal file an application for amending their original written statements in the suit by adding the additional written statements, and hear the other side’s objections or reply, and then pass suitable orders regarding the entertainment or no




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