T.M.DURAIRAJ Vs. S.ARULPRAKASH

JUDGEMENT

(1.) The Petitioner/1st Defendant has preferred the present Civil Revision Petition as against the order dated 08.10.2010 in I.A.No.351 of 2010 in O.S.No.283 of 2005 passed by the Learned Second Additional District Munsif, Coimbatore.

(2.) The Learned Second Additional District Munsif, Coimbatore, while passing the impugned order in I.A.No.351 of 2010 in O.S.No.283 of 2005 on 08.10.2010, has, in paragraphs 6 and 7, inter alia, observed and held that '.... The Petitioner/1st Defendant on 07.11.2005 has filed the written statement and also made a counter claim and in the written statement has reserved the right of filing the counter claim and on 25.01.2008 the counter claim has been filed but the case has come for final trial on 21.03.2006. As per Order 8 Rule 6 the counter claim has to be filed within the time prescribed for filing the written statement and when the suit is in final stage, the counter claim cannot be accepted and as per Order 8 Rule 9 of C.P.C. the counter claim could not be filed as additional written statement and resultantly, dismissed the petition without costs'.

(3.) Challenging the dismissal of the order dated 08.10.2010 in I.A.No.351 of 2010 in O.S.No.283 of 2005 passed by the Learned Second Additional District Munsif, Coimbatore, the Learned Counsel for the Petitioner/1st Defendant contends that the trial Court has committed an error in refusing to receive the additional written statement filed in the form of counter claim, which is against law, weight of evidence and all probabilities of the case.