Court may allow additional written statement if amendment of plaint occurred and trial has not substantially commenced, to ensure fair opportunity.

ORDER

The Revision Petitioners have filed this petition to set aside the impugned order dated 14.02.2025 pertaining to the IA No. 3 of 2024 filed in OS No. 516 of 2016 pending on the file of the Additional District Munsif, Poonmallee.

2. Before the commencement of the cross-examination of PW1, the defendants found it necessary to file an additional written statement by raising certain additional defences. Accordingly, he filed an application before the trial Court in IA No. 3 of 2024 in OS No. 516 of 2016, but the same was dismissed by the learned trial Judge on the ground that after commencement of the trial, the defendants sought to introduce contradictory pleadings, which is not permissible under law. Aggrieved by the same, the present revision has been filed.

3. The learned counsel for the revision petitioners submitted that PW1 has not yet been cross-examined and that, during the course of trial proceedings, the defendants realized that certain defences ought to have been raised. Therefore, permission was sought from the Court to file an additional written statement.

4. On considering the findings of the learned trial Judge, it is seen that the written statement had been filed long back and thereafter the plaintiff amended the plaint by removing certain survey numbers in respect of the suit property. Though sufficient opportunity had been granted, the defendants did not file an additional written statement immediately thereafter. Only at the commencement of the trial, they came forward with the present application. Hence, the learned trial Judge was not inclined to grant such permission.

5. Considering the entire facts and circumstances, it is seen that after amendment of the plaint, the defendants ought to have filed an additional written statement. However, due to lack of communication, the same was omitted. Before the trial Court, parties must be given fair opportunity. As on date, the trial has also not substantially commenced. Therefore, an opportunity has to be granted to the defendants, otherwise, their right to defend the case would be defeated.

6. Accordingly, the findings of the trial Court in IA No. 3 of 2024 in OS No. 516 of 2016 are set aside and the I.A. is allowed.

7. Liberty is granted to the plaintiff to file reply statement, if any.

Thereafter, the trial Court is directed to proceed with the matter in the manner known to law. Accordingly, this Civil Revision Petition is allowed.