MUTHUSAMY Vs. VINAYATHAN

JUDGEMENT

(1.) The civil revision petition has been filed against the fair and decreetal order dtd. 12/10/2022 passed in I.A.No.1 of 2022 in O.S.No.44 of 2019.

(2.) The revision petitioners are the defendants and the respondent instituted a Suit for permanent Injunction. The trial commenced in the Suit and plaintiff side witnesses were already examined. Admittedly, the Suit is posted for examination of defendants side witnesses. At this juncture, the revision petitioners filed an Interlocutory Application in I.A.No.1 of 2020 seeking permission to file additional written statement under Order VIII Rule 9 of the Code of Civil Procedure.

(3.) The revision petitioners by way of an additional written statement wanted to establish the circumstances relating to gift deed and its validity and genuinity. The gift deed was very much available even prior to the institution of the Suit by the respondents herein. While so, the revision petitioners ought to have filed the documents or their statement of defence in their written statement originally filed in the Suit. It is brought to the notice of the this Court that the revision petitioners have stated about their gift deed in the written statement and therefore, they are bound to defend their case with reference to the statement already made in the written statement. Contrarily, they cannot file an Interlocutory Application after the commencement of the trial and more so, after completion of the plaintiff side witnesses.