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2020 Supreme(Mad) 679

R.SUBRAMANIAN
J. William – Appellant
Versus
Anupam Mishra – Respondent


Advocate Appeared:
For the Appellant :R. Subramanian, Advocate
For the Respondent:Bijesh Thomas for M/s. K.F. Manavalan, Advocates.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 24.10.2017 in I.A.No.26 of 2017 in O.S. No.55 of 2017, on the file of Subordinate Judge, Coonoor.)

This matter is taken up for hearing through Video-Conferencing.

1. The defendant in OS No.55 of 2017 has come forward with the Civil Revision Petition challenging the order made in IA No.26 of 2017 seeking leave to file Additional Written Statement.

2. The suit is one for specific performance. The defendant filed an original written statement on 10.07.2015. Just before the commencement of trial, the defendant filed IA No.26 of 2017 seeking leave to file additional written statement raising substantially three issues. One relating to the nature of the agreement and the reason for the borrowing made under the agreement and another is regarding the requirement of registration of the agreement. The said application was opposed on the ground that it is belated and that the pleadings in the additional written statement would constitute a new case being put forward by the defendant, just before trial.

3. The learned Subordinate Judge, who heard the applicati

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