VIJAYA COAL SALES Vs. N KRISHNAMOORTHY MUDALIAR TRUST

JUDGEMENT

(1.) Petitioner is the appellant in A.S. No. 19 of 1993, pending before the Sub Judge, Vellore. During pendency of such appeal, the petitioner filed a petition purporting to be under Section 151 CPC and Order VIII Rule 1 CPC seeking permission to file additional written statement. It was contended in the said petition that while filing the written statement in the trial court, certain technical and legal pleas were not raised by mistake and such pleas, even though argued at the time of final hearing of the suit, were not considered by the trial court. It was contended that such pleas had been inadvertently omitted and the appellant should be permitted to raise such pleas. Objection was filed on behalf of the plaintiff/respondent in the appeal stating that such pleas raised at the belated stage should not be entertained as such petition has been filed to drag on the proceedings.

(2.) The trial court rejected such application under the impugned order.

(3.) In the Civil Revision, counsels for both the parties had been heard and order had been reserved. One of the main contentions raised by the learned counsel appearing for the respondent is to the effect that in view of amendment of Section 115 CPC., revision is not maintainable. Learned counsel appearing for the petitioner has submitted that even assuming that revision is not maintainable, the court can exercise power under Section 151 CPC in the interest of justice.