JAYALAKSHMI Vs. PATTAMMAL

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decretal order dtd. 8/6/2015 made in I.A.No.268 of 2015 in O.S.No.98 of 2012 on the file of the III Additional District Court, Pondicherry.

(2.) The petitioner is 5th defendant, the respondents 1 to 3 are defendants 1, 2 and 4, 4th respondent is plaintiff and 5th respondent is 3rd defendant in O.S.No.98 of 2012 on the file of III Additional District Court, Pondicherry. The 4th respondent filed the said suit against the petitioner, respondents 1 to 3 and 5th respondent for partition, declaration and other relief. The 1st respondent filed written statement and the same was adopted by the petitioner, respondents 2 and 3. Thereafter, the respondents 1 to 3 and petitioner filed I.A.No.268 of 2015 under Order VIII Rule 6-A, 8 read with Sec. 151 of C.P.C. for permission to file additional written statement and counter-claim.

(3.) According to the petitioner and respondents 1 to 3, the 4th respondent filed the suit for partition and other relief including relief to set aside the sale deed dtd. 29/4/2009 executed by the 1st respondent in favour of the petitioner. According to the petitioner, the suit property is individual property of the 1st respondent. The petitioner purchased item No.3 of the suit property for valuable sale consideration and the 1st respondent has given the sale proceeds to all her children including 4th respondent. Considering the pitiable condition of the 4th respondent, the petitioner permitted the 4th respondent to occupy a portion of Item No.3 of the property till her children are settled. The son and daughter of 4th respondent got employment and the 4th respondent acted against the interest of the petitioner. Hence she withdrew the permission given to the 4th respondent. Those facts were not made in the written statement filed by her mother, the 1st respondent herein. Hence, it is necessary to file additional written statement and counter-claim.