G. DHAVAMANI Vs. BALASUNDARI

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order dtd. 15/9/2022 made in I.A.N.o.1 of 2022 in O.S.No.36 of 2014 pending on the file of the II Additional Sub-ordinate Judge Court, Salem.

(2.) The revision petitioner is the plaintiff, who instituted a suit for Partition. The suit instituted in O.S.No.36 of 2014 is pending for the past about 8 years. The plaintiff side evidence was closed on 26/11/2019 and thereafter, the suit was posted for defendants side evidence. Subsequently, the 5th defendant was examined as D.W.1 and his cross-examination by the plaintiff was also concluded. The case was further posted for examination of defendants side witnesses and at the last stage, the revision petitioner/plaintiff filed an Interlocutory Application in I.A.No.1 of 2022 under Order 8 Rule 9, seeking the relief to receive the reply statements on the side of the plaintiff.

(3.) The learned counsel for the revision petitioner mainly contended that all the relevant documents were marked. However, there is no specific pleading in the plaint in respect of those documents, which were marked. Thus, it necessitated for the plaintiff to file an additional reply statement after examination of plaintiff side witnesses.