LAWS(MAD)-2004-4-11

J VIJAYA BHASKAR Vs. J JAYALAKSHMI

Decided On April 19, 2004
J.VIJAYA BHASKAR Appellant
V/S
J.JAYALAKSHMI Respondents

JUDGEMENT

(1.) The respondents are the heirs and legal representatives of the 2nd defendant in the suit, who have filed an application, seeking permission of the court to file an additional written statement and the same was allowed. Aggrieved by the same, the plaintiffs have preferred this civil revision petition. Heard the learned Advocate for the revision petitioners and the respondents.

(2.) Admittedly, the respondents are the heirs and legal representatives of the 2nd defendant, who had already file a written statement and the same is available on record. According to the learned Advocate for the revision petitioners, the respondents filed an additional written statement along with the petition, wherein, they have raised a new plea, which was not set forth by the original 2nd defendant.

(3.) It is the contention of the learned Advocate for the revision petitioners, the respondents, as legal representatives of the deceased, 2nd defendant, are not entitled to put forward a new plea, which was not raised by the original defendant.