ACHAMMAL @ SAROJA AMMAL Vs. SARASWATHI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order passed in I.A.No.194 of 2015 in O.S.No.46 of 2012 on the file of the learned District Munsif, Srivaikundam.

(2.) Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents 1 and 3 and perused the materials available on record.

(3.) The brief facts that are necessary for the disposal of this Civil Revision Petition are as follows: 3.1.The revision petitioner is the third defendant in the suit in O.S.No.46 of 2012. The said suit was filed by the first respondent for partition and separate possession of the suit property and for consequential reliefs. During the pendency of the suit, the revision petitioner filed an application to accept the additional written statement raising a plea which according to him is not in derogation but supplement to the original written statement. The said application was dismissed on the ground that the case of the third defendant in the original written statement is different from the case that is now pleaded in the additional written statement. In short, the lower Court was of the view that the party to the lis cannot file additional written statement to amend the written statement with different pleadings. Challenging the said order, the third defendant has preferred the above Civil Revision Petition.