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MADRAS HIGH COURT
A.R.Palanisamy – Appellant
Versus
Duraisamy – Respondent
CRP 4727 2023
CIVIL PROCEDURE CODE - ORDER 8 RULE 9 - ADDITIONAL REPLY STATEMENT - RIGHT TO FILE - 11TH DEFENDANT IMPLEADED IN THE SUIT - WRITTEN STATEMENT FILED - NECESSITY TO FILE ADDITIONAL REPLY STATEMENT TO DENY THE ALLEGATIONS MADE BY 11TH DEFENDANT - APPLICATION FILED BY THE PLAINTIFF - DISMISSED BY THE TRIAL JUDGE WITHOUT GIVING OPPORTUNITY - ERRONEOUS - ORDER SET ASIDE - APPLICATION ALLOWED.
Fact of the Case:
The plaintiffs filed an application under Order 8 Rule 9 and Sec.151 of C.P.C. to receive an additional reply statement, since the 11th defendant had submitted a written statement as he was a newly added party. The trial judge dismissed the application without giving an opportunity to the plaintiffs.
Finding of the Court:
The court held that the trial judge erred in dismissing the application without giving an opportunity to the plaintiffs to file an additional reply statement. The court set aside the trial judge's order and allowed the plaintiffs to file an additional reply statement.
Issues: Whether the plaintiffs have the right to file an additional reply statement after the 11th defendant filed a written statement?
Ratio Decidendi: The court relied on Order 8 Rule 9 of the Civil Procedure Code, which provides that a party may file an additional reply statement to deny the allegations made by a newly added party.
Final Decision: The court allowed the plaintiffs' Civil Revision Petition and set aside the trial judge's order dismissing the application to file an additional reply statement.
C.R.P.No. 4727 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2023
CORAM:
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No. 4727 of 2023
1. A.R.Palanisamy
2. R.Somasundaram
... Petitioners
-Vs-
Duraisamy
.
...
Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution
of India, praying to set aside the fair and final order dated 02.09.2023
passed in I.A.No.266 of 2023 in O.S.No.136 of 2020 on the file of District
Munsif cum Judicial Magistrate Court, Uthukuli.
For Petitioners
: Mr.S.Kaithamalai Kumaran
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C.R.P.No. 4727 of 2023
ORDER
Challenging the impugned order passed in I.A.No.266 of 2023 in
O.S.No.136 of 2020 passed by the learned District Munsif cum Judicial
Magistrate, Uthukuli, the Revision Petitioners/plaintiffs preferred this Civil
Revision Petition.
2. Since the relief is claimed challenging the order passed by the trial
judge, notice to the respondent is dispensed with.
3. Before the trial court, the Revision Petitioners/plaintiffs have filed
an application in I.A.No.266 of 2023 under Order 8 Rule 9 and Sec.151 of
C.P.C. to receive additional reply statement, since because 11th defendant
has submitted the written statement, as he is a newly added party. So,
necessity arose for him to file additional reply statement to deny the
allegations made by 11th defendant. But, the trial judge without giving
opportunity, erroneously dismissed the application. Challenging the said
findings, they have preferred this Civil Revision Petition.
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C.R.P.No. 4727 of 2023
4. Admittedly, the 11th defendant was impleaded in the suit on
25.08.2023 and he filed written statement. Therefore, the plaintiff wanted
to file his reply statement. But, the trial judge dismissed the application, as
such is erroneous one and the same is liable to be set aside. Accordingly,
this Civil Revision Petition is allowed and the findings of trial judge in
I.A.No.266 of 2023 in O.S.No.136 of 2020 is set aside and the said
application is ordered to be allowed. No costs.
21.12.2023
Index : Yes/No
Speaking Order : Yes/No
rpp
To
The District Munsif cum Judicial Magistrate Court,
Uthukuli.
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C.R.P.No. 4727 of 2023
T.V.THAMILSELVI, J.
rpp
C.R.P.No. 4727 of 2023
21.12.2023
(2/2)
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