S.K.ARUNA DEVI Vs. P.S.KANNIYAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dtd. 12/7/2018 passed in IA.No.405 of 2018 in OS.No.84 of 2017 passed by the II Additional District Judge, Poonamallee, thereby allowing the petition to file additional written statement with counter claim.

(2.) The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed suit for partition. After filing written statement, the respondents filed petition seeking permission to file additional written statement with counter claim. The same was allowed and aggrieved by the same, the present civil revision petition has been filed.

(3.) The learned counsel for the petitioner would submit that the petitioner filed suit for partition, in which counter claim is not maintainable. After the suit was filed on 5/5/2017 and respondents filed written statement on 29/8/2017. Thereafter, issues were framed and the suit was ripe for trial. On 6/12/2017, the petitioner filed proof affidavit and when PW1 was in box for cross examination, the respondents filed petition seeking permission to file additional written statement with counter claim. It is not permissible under law and it is barred under Order VIII Rule 6A of CPC. Once the trial commenced, the respondents are barred from filing additional written statement with counter claim. Without considering the said proportion of law, the court below allowed the same. In support of his contention, he relied upon the following judgments: