GOWRIAMMAL Vs. T. MEENAKSHI

JUDGEMENT

(1.) When the defendants want to raise additional pleadings, which raise (a) any new ground of claim or (b) contain any allegation of fact inconsistent with the previous pleadings of the defendants, whether it should be done by way of filing additional written statement or by amending the original written statement is the issue raised in this Civil Revision Petition. The 6th defendant filed a petition in I.A. No. 18 of 2010 in O.S. No. 675 of 1998 under Order 8 Rule 9 read with 151 C.P.C., praying to receive the additional written statement filed by her. It was allowed by the Trial Court. As against the same, the plaintiffs have filed the Civil Revision Petition (MD) No. 8 of 2012.

(2.) The 9th defendant filed an application under Order 14 Rule 5 C.P.C., in I.A. No. 17 of 2010 in O.S. No. 675 of 1998, praying to pass an order to frame additional issues.

(3.) The following issues were sought to be framed which pertain to Item No. 4 of the suit property: