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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Neelagandan – Appellant
Versus
Ammasai Gounder – Respondent
ORDER :
R. Sakthivel, J.
Feeling aggrieved by the Dismissal Order dated June 13, 2023 passed by 'the Sub Court, Perundurai' [hereinafter referred to as the 'Trial Court'], in the petition in I.A.No.3 of 2023 filed by the Defendant in the Original Suit under Order VIII Rule 9 of 'the Code of Civil Procedure, 1908' ('CPC' for short) praying to grant leave to file Additional Written Statement, this Civil Revision Petition has been filed.
2.The Revision Petitioner herein is the Defendant and the Respondent herein is the Plaintiff in the Original Suit in O.S.No.147 of 2017 on the file of the Trial Court.
3.The Respondent / Plaintiff filed the aforesaid Suit seeking delivery of possession of the Suit Property from the Defendant.
4.The Plaintiff's case is that the Defendant was the owner of the Suit Property vide registered Sale Deed dated January 26, 1976. In order to deal with the Suit Property, the Defendant executed a General Power of Attorney Deed dated May 30, 2007 in favour of the Plaintiff's wife-Muthulakshmi. On the same date, the Defendant also executed a registered Sale Agreement in favour of the Plaintiff. In view of the Power of Attorney Deed, the Power Agent executed a registered
Additional Written Statements under Order VIII Rule 9 must be consistent, and Courts may reject belated applications that do not assist in clarity or 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....
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
The admissibility of additional written statements should be based on convincing reasons and should not cause injustice or prejudice to the opposing party.
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The main legal point established in the judgment is the significance of admissions in the written statement and the adherence to procedural requirements for amendment applications.
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Two tests are to be satisfied for determining the question who is a necessary party. The tests are - (1) there must be a right to some relief against such party in respect of the controversies involv....
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