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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.LAKSHMINARAYANAN
S.Girish – Appellant
Versus
Sagayamary – Respondent
COMMON ORDER :
V.LAKSHMINARAYANAN, J.
Heard Mr. V. R. Shanmuganathan, learned Counsel for petitioners and Mr. K. P. Narayana Kumar, learend Counsel for respondents.
2. These Civil Revision Petitions are arrayed seeking direction to the Principal District Munsif, Viralimalai to strike off the addiitional written statement filed in O.S.No.44 & 45 of 2024 by the 1st defendant dated 17.09.2025 on the file of Principal District Munsif, Viralimalai.
3. For the purpose of these revisions, this Court need not go into the details of the suit. The suits in O.S.Nos.44 & 45 of 2024 were originally presented as O.S.Nos.50 & 51 of 2019, on the file of the District Munsif Court at Keeranur. The suits are for permanent injunction. At the time of drafting the plaint, the plaintiff, instead of seeking permanent injunction against both defendants, had merely pleaded that the injunction be granted against the ''defendant''. Written statement was filed, issues were framed and the evidence was concluded.
4. At that stage, the plaintiffs noticed that, instead of showing it as ''defendants'', it had wrongly mentioned as ''defendant''. Therefore, the plaintiffs filed application in I.A.No.6 of 2025 in the resp
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....
Courts should adopt a liberal stance when considering amendments to the written statement, recognizing that prejudice to the opposing party is less likely.
Pre-trial amendments to written statement allowed if reasonable, no prejudice, despite delay, considering parties' age and inadvertence.
Amendments to written statements are essential for effective adjudication and should be allowed liberally, especially when new evidence is introduced.
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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