N.ANAND VENKATESH
M. Devi – Appellant
Versus
D. Soodamani – Respondent
ORDER :
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying this Court to set aside the fair and decretal order made in I.A.No.166 of 2012 in O.S.No.1 of 2007, dated 13.7.2012, on the file of the Additional District and Sessions Judge, Dindigul.
This Civil Revision has been filed challenging the fair and final order passed by the Court below in dismissing the application filed by the Petitioners under Order VIII Rule X of Civil Procedure Code to file an additional written statement.
2. The respondents 1 and 2 filed a suit seeking for the relief of partition and separate possession of 1/8th share in the property and for other consequential reliefs.
3. The Petitioners are the defendants 10 and 11 in the suit. Initially, the Petitioners and defendants 6 and 9 were represented by the same counsel and the written statement came to be filed on 6.6.2007.
4. The written statement was filed by the 9th defendant and a memo was also filed to the effect that the written statement is adopted by defendants 6, 10 and 11.
5. Subsequently, the present Petitioners, who are the defendants 10 and 11 in the suit have changed their counsel and have filed an application
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