THANGAPANDIAN Vs. THAYAMMAL @ ESAKKIAMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 18.2.2009, made in I.A. No. 309 of 2007, in O.S. No. 195 of 2003, on the file of the Subordinate Court, Ambasamudram.

(2.) The petitioner in the present Civil Revision Petition is the third defendant in the suit, in O.S. No. 195 of 2003, filed by the respondent, for the partition of the suit properties. Originally, the suit had been filed, in O.S. No. 25 of 1998, on the file of the District Munsif Court, Ambasamudram. However, the District Munsif Court, Ambasamudram, had returned the suit, for being presented before the Subordinate Court, Ambasamudram, due to its lack of pecuniary jurisdiction to hear the same. Thereafter, the petitioner had preferred an interlocutory application, in I.A. No. 309 of 2007, praying that he should be permitted to file a fresh written statement treating the suit filed before the subordinate Court, as a fresh suit. The trial Court had refused to permit the petitioner to do so, by its order, dated 18.2.2009, stating that a written statement had already been filed and the issues had also been framed and the suit was to be taken up for trial. In such circumstances, the petitioner has preferred the present civil revision petition, challenging the said order passed by the Subordinate Court, Ambasamudram, on 18.2.2009.

(3.) At this stage of the hearing of the civil revision petition the learned counsel appearing on behalf of the respondent had submitted that this Court may pass an order permitting the petitioner to file an additional written statement, in the suit, in O.S. No. 195 of 2003, before the Subordinate Court, Ambasamudram, if he is so advised and to direct the Subordinate Court, Ambasamudram, to take up the suit for trial and to dispose of the same, expeditiously.