Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
P.ATCHAMMAL – Appellant
Versus
G. Rajammmal (Died) – Respondent
ORDER :
1. C.R.P(MD)No.2783 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.16 of 2025 in O.S.No.178 of 2006, dated 11.09.2025.
2. C.R.P(MD)No.3817 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.18 of 2025 in O.S.No.178 of 2006, dated 27.11.2025.
3. C.R.P(MD)No.3818 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.19 of 2025 in O.S.No.178 of 2006, dated 27.11.2025.
4. The respondents herein, as plaintiffs, have filed a suit in O.S.No.178 of 2006, before the District Munsif Court, Aundipatti, seeking for partition and separate possession of their respective shares. During the pendency of the suit, the petitioners, who are the legal representatives of the deceased 8th defendant, have filed an application in I.A.No.16 of 2025 to accept the written statement filed by them as legal representatives of the deceased 8th defendant. The learned District Munsif, Aundipatti, vide impugned order, dated 11.09.2025, had dismissed the said application on the ground that the said application was filed only to drag on the proceeding
Legal representatives in a partition suit are entitled to contest the case and file a written statement, safeguarding their rights and opportunity for fair trial.
Legal representatives can participate in partition suit proceedings without raising new defenses, emphasizing proper adherence to procedure under the Civil Procedure Code.
Court allows petitioner to file written statement in partition suit despite delays for effective adjudication.
A trial court may allow filing of an additional written statement under Order 8 Rule 9 of CPC when trial has not commenced, emphasizing judicial discretion and the need to avoid prejudice in litigati....
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
Defendant's right to take contradictory/alternative plea in the written statement and relevance of the partition deed to the suit schedule property
The defendants were entitled to file a written statement and cross-examine witnesses even without filing the written statement, and the Court must consider their reasonable cause for not filing the w....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
