SHANMUGAM Vs. VIJAYARANGAM

JUDGEMENT

(1.) The defendant in O.S.No.368 of 1993 on the file of District Munsif, Gudiyatham is the revision petitioner. The defendant filed application under Order 8 Rule 9 and Section 151 C.P.C for the reception of additional written statement and the same came to be dismissed. Aggrieved by the same, the defendant has preferred this Civil Revision Petition.

(2.) Heard the learned Advocate for the petitioner and the learned Advocate for the respondents.

(3.) The revision petitioner in the affidavit filed before thetrial court has stated that he failed to state certain important facts as hehad filed all the documents in another suit in O.S.No. 246 of 1993 on the file of Sub Court, Vellore and the suit was filed against the plaintiffs in this case and others in respect of the suit property and other properties. The petitioner has also stated that he is an illiterate and he does not know to read and write and hence he was unable to give all the details about thetitle deeds and possession of the suit property and therefore, seeking permission of the court to file additional written statement. He has also stated that O.S.No.246 of 1 993 on the file of Sub Court, Vellore was transferred to the District Munsif's Court, Gudiyatham due to change of pecuniary jurisdiction and the same is pending as O.S.No.457 of 1996. The petitioner has stated that the facts relating to his title and possession to the suit property are essential to decide the issue in the case and there is no wantonness on his own part. The defendant also filed the additional written statement along with the petition.