P S KARUNAKARAN Vs. MADRAS RACE CLUB

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to set aside the fair and decretal order, dated 29.1.2010, made in I.A.Nno.1881 of 2010, in O.S.No.353 of 2006, on the file of the III Assistant City Civil Court, Chennai, and to permit the petitioners to file an additional written statement.

(2.) IT has been stated that the respondent had filed O.S.No.353 of 2006, on the file of the III Assistant City Civil Court, Chennai, for the following reliefs:

(3.) CHALLENGING the said order, the petitioners had preferred a civil revision petition, in C.R.P.(PD) No.40 of 2010. However, due to inadvertence, the petitioners did not raise the issues relating to under valuation and the calculation and payment of court fee under the wrong provision of law, in the written statement filed by the petitioners. Therefore, while the said civil revision petition was pending before this Court, the petitioners had filed an interlocutory application, in I.A.No.1881 of 2010, seeking permission of the trial Court to file an additional written statement raising the said issues. The trial Court, in a hurried manner, had recorded the chief examination of P.W.1, to show that the trial in the suit, in O.S.No.353 of 2006, had commenced.