G BOOPATHY Vs. G THULASINGAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 25.11.2009, made in I.A.No.697 of 2009, in O.S.No.595 of 2000, on the file of the Subordinate Court, Poonamallee.

(2.) THE petitioners in the present Civil Revision Petition are the defendants 3 to 8 in the suit, in O.S.No.595 of 2000, filed by the plaintiffs, who are the respondents 1 and 2 in the present Civil Revision Petition. THE suit in O.S.No.595 of 2000, had been filed for partition and for separate possession of the suit schedule property.

(3.) PER contra, the learned counsel appearing for the respondents had submitted that the petitioners had filed the first written statement, on 18.3.2004. Thereafter, they were permitted to file an additional written statement, on 3.4.2007. In both the written statements, the petitioners had not stated about the Will, dated 16.2.2000. The sole defendant in the suit, namely, G.Rajeswari Ammal, had died, on 21.1.2001, Thereafter, the defendants 3 to 8, who are the petitioners in the present civil revision petition, had been impleaded as the legal heirs of late G.Rajeswari Ammal. The learned counsel had also stated that if the additional written statement is allowed to be filed, it would prejudice the cause of the respondents as it changes the nature and character of the suit.