LAWS(MAD)-2002-12-32

C THIRUMOORTHY Vs. KANAKACHALAM

Decided On December 13, 2002
C.THIRUMOORTHY Appellant
V/S
KANAKACHALAM Respondents

JUDGEMENT

(1.) The order of the learned District Munsif, Erode, dismissing an application seeking permission to file an Additional written statement is under challenge.

(2.) It was a suit filed by the respondents/plaintiffs seeking declaration of their exclusive right in the suit property namely the cart track mentioned as "A-B" in the plaintiff's land. The suit was contested by the defendants flatly denying the claim of the plaintiffs stating that the plaintiffs have no right in the "A-B" cart track. Necessary issues were framed. P.W.1 has been examined in chief. At that juncture, the defendants filed the instant application seeking permission of the Court to file the Additional Written Statement. The plaintiffs strongly opposed the same. Agreeing with the contention put forth by the plaintiffs' side, the Court below, dismissed the application.

(3.) It is contended by the learned counsel for the revision petitioners that it was a common pathway. The said fact was not averred in the written statement originally but the claim of the plaintiffs has been objected stating that the claim was false and they have no right at all and making such an amendment, the plaintiffs are in no way be prejudiced. Hence, an opportunity should be given to permit the defendants to file the Additional Written Statement.