S. GOPI Vs. GOWRAMMAL

JUDGEMENT

(1.) This Civil Revision Petition arises against the Order passed by the learned Additional District Judge, Krishnagiri, in I.A. No.10 of 2022 in O.S. No.88 of 2020, dtd. 19/10/2022.

(2.) O.S. No.88 of 2020 is a Suit for Specific Performance of a Contract of sale. In the said proceedings, the Defendants 1 to 3 filed an Application under Order 8, Rule 9 of the Code of Civil Procedure, 1908, seeking to file an Additional Written Statement to the Suit. The reason for filing Additional Written Statement was that the Civil Revision Petitioner Mr. S. Gopi had got himself impleaded to the Suit for Specific Performance and denied the title of Defendants 1 to 3. Therefore, they wanted to project an unregistered deed recording the deliberations of a Panchayat held on 13/12/2002. It was on the basis of the Panchayat that Defendants 1 to 3 obtained title to the property.

(3.) The plea of the Civil Revision Petitioner was that in an earlier Suit in O.S. No.19 of 2018, filed for declaration of title and for consequential relief, the very same document had been presented and rejected. That Suit came to be dismissed as withdrawn on 24/11/2020. During the course of that proceeding, the unregistered Panchayat document, dtd. 13/12/2002 was introduced as Ex.A2. The learned Trial Judge in that case had rejected the said document. According to the 4th Defendant, as the document had already been rejected, it is not open to the Defendants 1 to 3 to introduce the said document again as their document in this Suit by way of an Additional Written Statement.