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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MS JUSTICE R.POORNIMA, J
Sivakumar – Appellant
Versus
Josephine Vayalet Rani – Respondent
ORDER :
1. The above Civil Revision Petitions have been filed seeking to set aside the fair and decretal orders made in I.A.Nos.10 and 11 of 2020 in O.S.No.69 of 2011, dated 11.01.2021, on the file of the Principal District Munsif Court, Tenkasi.
2. The revision Petitioners have filed these revision petitions one against the order passed by the trial Court in a petition to reopen the case to allow them to file Additional Written Statement and the other one against the order passed in a petition filed by them to allow them to file additional written statement. Both the Petitions are dismissed by the trial Court.
3. The learned counsel for the revision Petitioners stated that the suit in O.S.No.69 of 2011 has been filed before the Principal District Munsif Court, Tenkasi in the year 2010 and the revision Petitioners/defendants have filed written statement during the month of July 2011. An amendment petition was filed by the respondents/Plaintiffs on 2.1.2013 and the same was allowed by the trial Court on 24.7.2014. The learned counsel for the Petitioners contended that the respondents/plaintiffs amended the plaint by inserting the relief of mandatory injunction. In order to contest the
The court upheld the trial Court's decision to deny the filing of additional written statements due to delay and lack of new facts, emphasizing the importance of timely submissions in legal proceedin....
The admissibility of additional written statements should be based on convincing reasons and should not cause injustice or prejudice to the opposing party.
The amendment of pleadings after trial commencement requires proven due diligence, which was not established in the case, leading to dismissal of the request.
An amendment to the plaint entitles parties to file additional written statements.
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