C.R.P.No.837 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On : 06.04.2023

Delivered On: 28.04.2023

CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP

C.R.P.No.837 of 2020

and

C.M.P.No.4458 of 2020

1.V.Muthusamy

2.V.Subramani

... Petitioners/Respondents/Plaintiffs

Vs.

1.V.Muthusamy

2.P.Selvaraj

3.M.Senthilkumar

4.N.Nagarajan

5.C.Sengoda Gounder

6.V.Murugesan

7.M.Barathkumar

8.V.Sankar Ganesh

... Respondents/Petitioners/Defendants

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of

India, to set aside the fair and decretal order dated 08.01.2020 made in

I.A.No.2 of 2019 in O.S.No.25 of 2015 on the file of the Principal District

Munsif, Tiruchengode.

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C.R.P.No.837 of 2020

For Petitioners

: Mrs.R.A.Monalisha

for Mr.R.Mudhachalamurthy

For Respondents 1 to 8 : Mr.Malola Narasimhan

for Mr.K.Vijaya Ragavan

O R D E R

The Civil Revision Petition has been filed by Petitioners, as Plaintiffs

in O.S.No.25 of 2015 on the file of the learned Principal District Munsif,

Tiruchengode, seeking to set aside the fair and decretal order dated

08.01.2020 made in I.A.No.2 of 2019 in O.S.No.25 of 2015 on the file of

the Principal District Munsif, Tiruchengode.

2.The brief facts, that are necessary for disposal of this case, are as

follows:-

2.1.The suit was filed seeking permanent injunction against the

Defendants 1 to 12. The Defendants 1 to 8 are private parties, 9^th Defendant

is the District Collector, Namakkal, 10^th Defendant is Tahsildar,

Tiruchengode, 11^thDefendant is Block Development Officer, Tiruchengode

Union, Tiruchengode, 12^th

Defendant is the Special Officer,

Devannankurichi Panchayat. The Defendants had filed written statement.

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C.R.P.No.837 of 2020

The issues were framed in the suit and trial commenced. The first Plaintiff

had examined himself as P.W.1. When the case was posted for cross-

examination, the Defendants 1 to 8 in the suit had preferred I.A.No.2 of

2019 in O.S.No.25 of 2015 seeking permission of the Court to file

additional written statement. The Plaintiffs as Respondents had filed counter

objecting to the petition filed by the Defendants 1 to 8 under Order VIII,

Rule 9 of CPC along with Section 151 of CPC. After hearing of the enquiry,

the learned Principal District Munsif, Tiruchengode had allowed the petition

in I.A.No.2 of 2019 in O.S.No.25 of 2015 filed by the Defendants 1 to 8

under Order VIII, Rule 9 r/w Section 151 of CPC seeking permission of the

Court to file additional written statement as per order dated 08.01.2020.

2.2. In the order passed by the learned Principal District Munsif,

Tiruchengode, it is stated that P.W.1 was examined on 10.08.2019. The

Plaintiffs had filed an affidavit as examination-in-chief and marked

documents as Ex.A1 to Ex.14. At that stage, on 18.09.2019, the Plaintiffs

had filed the petition under Order VI, Rule 17 CPC and numbered as

I.A.No.1 of 2019 which was allowed on 30.09.2019. Based on which, the

Plaint was amended. Subsequent to the amendment of the plaint, on

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C.R.P.No.837 of 2020

07.11.2019, the Defendants 1 to 8 had filed the petition in I.A.No.2 of 2019

in O.S.No.25 of 2015 seeking to file additional written statement under

Order VIII, Rule 9 of CPC. Therefore, the petition is to be allowed.

2.3.The learned Counsel for the Defendants before the Trial Court had

relied upon the rulings of this Court in the case of V.R.Sundararajan Vs

D.Neelaveni and the learned Counsel for the Plaintiffs before the Trial

Court had relied on the rulings of this Court (Madurai Bench) in the case of

M.Devi and another Vs D.Soodamani and others and seeks to dismiss the

petition.

2.4.On consideration of the rival submissions, the learned Principal

District Munsif had allowed the petition on