P. SURESHKUMAR Vs. P. PARAMESHWARI

JUDGEMENT

(1.) Challenge in this Revision is to the order of the learned Subordinate Judge, Perundurai in I.A.No.5 of 2021 in O.S.No.5 of 2015, an application seeking reception of reply statement filed by the plaintiff under Order VIII Rule 9 of the Code of Civil Procedure.

(2.) The suit is one for partition and separate possession of 1/3rd share in the suit properties. The suit is being resisted by the defendants contending that the plaintiff is not entitled to 1/3rd share and there were certain earlier litigation between the parties.

(3.) The trial commenced and the evidence of the defendants was being recorded. At this stage, the plaintiff came up with the instant application seeking leave to file the reply statement, wherein, the plaintiff wanted to place on record certain earlier proceedings between the 3rd defendant and the plaintiff in O.S.No.168 of 2013.