R DHANUSHKODI NADAR Vs. N DHANABALAN

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the order of dismissal dated 04. 10. 2002 passed by the learned Principal Subordinate Judge, madurai in I. A. No. 100 of 1997 in O. S. No. 1269 of 1994, dismissing the Petition filed under Order VIII Rule 6-A C. P. C, declining the permission to the defendants to make their counter claim by way of Additional Written Statement. The Defendants / Landlords are the Revision Petitioners.

(2.) O. S. No. 1269 of 1994:- The Suit is based on the promissory Note. Case of the Plaintiff is that the First Defendant borrowed a sum of Rs. 75,000/- from the Plaintiff on 12. 12. 1991 for putting up a new building construction in her own vacant place situated at Sudalaimuthu Pillai Lane , Madurai . Evidencing the borrowal, the First Defendant had executed the Promissory Note on 12. 12. 1991 agreeing to repay the said amount together with interest at re. 1/- per Rs. 100/- per mensem on demand. Inspite of repeated oral demands, the first Defendant has not paid the amount. Hence, the Plaintiff has filed the suit for recovery of Rs. 1,01,550/ -. During the pendency of the Suit, the First defendant died and her Legal Heirs D-2 to D-8 were impleaded as Legal representatives.

(3.) THE Application was strongly resisted by the Plaintiff contending that several opportunity was already afforded for filing the Written statement and the Application making the Counter Claim of Rs. 75,000/- by way of filing the Additional Written Statement is highly belated.