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2021 Supreme(Online)(MAD) 7739

HIGH COURT OF MADRAS
Hon`ble Mr Justice KRISHNAN RAMASAMY
M.ASHOKAN – Appellant
Versus
P.MANI – Respondent


ORDER

This Civil Revision petition has been filed challenging the order dated

03.04.2018 passed in I.A. No. 405 of 2017 in O.S. No. 129 of 2012 on the file

1st Additional Sub Judge, Villupuram.

2.The learned counsel for the petitioner submitted that the said I.A.No.405 of 2017 was filed for the purpose of filing an additional written statement in the suit for a counter-claim. The Court below, after hearing both parties, allowed the application and permitted the respondent herein, to file additional written statement.

3.It is the main contention of the petitioner that no additional written statement can be filed by way of counter claim, after framing the issues. In this regard, he has also relied on the judgment passed by the Hon'ble Supreme Court of India in SLP.(C).No.23599 of 2019 in the case of Ashok Kumar Kalra Vs. Wing CDR. Surendra Agnihotri and others, reported in 2020 (2) SCC 394, in which, it was held that no counter claim can be filed, after framing issues. By citing the above judgment, it is stated that the order passed by the Court below is liable to be set aside.

4.Per contra, the learned counsel for the respondent submitted that the Court below has properly disposed the app

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