N PALANISAMY Vs. S BALACHANDAR

JUDGEMENT

(1.) Heard the submissions made on either side.

(2.) This is a very unfortunate case where the Plaintiffs who laid the suit way back in the year 2000 and 2003 respectively were not in a position to see the termination of trial till today. The suits were filed for recovery of money from the Defendant. The Defendant filed written statements in the respective suits admitting unambiguously, having given particulars of the repayment made by him, that only a sum of Rs. 8,64,340/- remained due and payable to the Plaintiffs. The Defendant filed an application invoking the provision under Order VIII Rule 9 of CODE OF CIVIL PROCEDURE seeking permission to file an additional written statement. An additional written statement was sought to be filed to change the original stand as to the quantum of liability taken by the Defendant in the written statement. In other words, the Defendant admitted in the original written statement filed by him that a sum of Rs. 8,64,340/-was due and payable. But by way of an additional written statement, the Defendant preferred to restate the quantum of liability.

(3.) The trial court chose to dismiss both the applications filed by the Defendant under Order 8 Rule 9 of CODE OF CIVIL PROCEDURE The Defendant preferred two Civil revision petitions before this Court. While dismissing the Civil revision petitions filed by the Defendant, this Court made an observation that the Defendant having filed original written statement admitting his liability to the tune of Rs. 8,64,340/- cannot be permitted to file an additional written statement to the effect that only a sum of Rs. 6,28,505/-is due and payable. Thereafter, the present petitions were filed by the Defendants very intelligently invoking the provision under Order 6 Rule 17 Code of Civil Procedure to amend the written statement to the effect that only a sum of Rs. 6,28,505/- was due and payable to the Plaintiff and not a sum of Rs. 8,64,340/- which was originally pleaded in the written statement.