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S. M. SUBRAMANIAM
Muthusamy – Appellant
Versus
Vinayathan – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2020 in O.S.No.44 of 2019 on the file of the District Munsif cum Judicial Magistrate Court, Edappadi dated 12.10.2022.
The civil revision petition has been filed against the fair and decreetal order dated 12.10.2022 passed in I.A.No.1 of 2022 in O.S.No.44 of 2019.
2. The revision petitioners are the defendants and the respondent instituted a Suit for permanent Injunction. The trial commenced in the Suit and plaintiff side witnesses were already examined. Admittedly, the Suit is posted for examination of defendants side witnesses. At this juncture, the revision petitioners filed an Interlocutory Application in I.A.No.1 of 2020 seeking permission to file additional written statement under Order VIII Rule 9 of the Code of Civil Procedure.
3. The revision petitioners by way of an additional written statement wanted to establish the circumstances relating to gift deed and its validity and genuinity. The gift deed was very much available even prior to the institution of the Suit by the respondents herein. While so, the revision petit
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
The admissibility of additional written statements should be based on convincing reasons and should not cause injustice or prejudice to the opposing party.
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
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