P RAJAN BABU Vs. S BHUVANESWARI

JUDGEMENT

(1.) THE Defendants 1, 2, 5 and 6 in O.S. 2470 of 2008 on the file of the II Additional City Civil Court, Chennai are the Petitioners in the above Civil Revision Petition.

(2.) THE Suit was filed by the First Respondent herein seeking partition of the suit properties. THE Defendants 1 to 4 filed separate Written Statements and the Written Statement filed by the Second Defendant was adopted by Defendants 5 and 6. At the stage, when the Defendants witness was in the box the Petitioners herein filed I.A. 10551 of 2009 under Order 8, Rule 9 Code of Civil Procedure seeking leave to file Additional Written Statement. THE said Petition was opposed by the Plaintiff and on a consideration of the rival submissions, the Trial Court dismissed the Petition. Being aggrieved by that the present Revision is filed.

(3.) THE learned Counsel submitted that the Petitioners are illiterates and they were not properly guided by their earlier Counsel appearing for them and the present Counsel has pointed out the necessity to file the Additional Written Statement and that is the reason why, the present Petition came to be filed.