SENNIAPPA GOUNDER Vs. KARUPPUSAMY

JUDGEMENT

(1.) THE petitioners in the above C.R.P. are the defendants 2 to 7 in O.S.No.185 of 2005 on the file of the Additional Sub Court, Tirupur.

(2.) THE brief facts which are necessary for the disposal of the above C.R.P. are set out below:- a. THE respondent herein has filed a suit in O.S.No.185 of 2005 seeking for a decree for specific performance in respect of the sale agreement, dated 26.11.1996 said to have been executed by the first defendant in favour of the plaintiff. THE defendants 2 to 7 who are the petitioners herein contested the suit. THE written statement has been filed by the 5th defendant and the same was adopted by the other defendants. In the written statement itself, they have denied the execution of the sale agreement, dated 26.11.1996. It has been specifically stated in the written statement that the first defendant has fabricated the sale agreement, dated 26.11.1996 with the help of his friends in favour of the plaintiff and filed this vexatious suit. Pending the suit , the petitioners herein filed I.A.No.118 of 2009 seeking leave of the court to file additional written statement.

(3.) IN the affidavit it has been further stated that the 4th petitioner/5th defendant personally approached the second defendant and furnished the details of the case and at that time only he came to know more particulars and therefore, it has become necessary to file additional written statement.