MUTHURAMU Vs. A. MUTHULAKSHMI

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the order, dated 22.12.2009, made in I.A.No.423 of 2009 in O.S.No.175 of 2004 on the file of District Munsif Court, Nilakottai.

(2.) The revision petitioners herein are the defendants 1 and 2, whereas the respondents are the plaintiffs in the suit in O.S.No.175 of 2004 on the file of District Munsif Court, Nilakottai.

(3.) The respondents filed the suit for declaration and other relief. The petitioners filed written statement denied the allegations made in the plaint. In the written statement, the petitioners reserved their right to file additional written statement. Based on the pleadings, issues were framed and the trial was commenced. P.W.1 was examined on the side of the respondents and was cross-examined in part by the petitioners. Subsequently, the petitioners took time for further cross-examination of P.W.1. But the petitioners did not appear either in person or through their counsel. Therefore, an ex-parte decree was passed. The petitioners filed the application to set aside the ex-parte decree and the same was allowed on payment of costs. After paying the cost, the petitioners filed applications in I.A.No.423 of 2009, for permission to file additional written statement. The first petitioner has stated that due to his work, he is often going to Thiruppur and the written statement could not be filed with full particulars and entire defence was not taken at the time of filing of the written statement. Further, the respondents were promising to settling the matter, but contrary to the talks of settlement, they are proceeding with the suit. Therefore, in the interests of justice, additional written statement must be taken on file.