DEVANATHAN Vs. VEERAMANI

JUDGEMENT

(1.) Admittedly, D.W.1 - the petitioner/defendant is in the box. The application is filed by the petitioner/defendant for permitting him to file additional written statement under Order VIII Rule 9 C.P.C. and the same is dismissed. The said order is under challenge before this Court.

(2.) According to the plaintiff, the petitioner/defendant obtained Rs. 1,00,000/-as loan from him. But, the petitioner/defendant did not pay the said loan amount. The petitioner/defendant filed a written statement stating that he had not obtained any money from the plaintiff and there was no such transaction at all.

(3.) Then the trial commenced and after the examination of the plaintiff's witnesses - P.Ws.1 to 3 was over and also the defendant's witness - D.W.1, on the basis of the admission made by the plaintiff who has been summoned for further cross-examination that the respondent/plaintiff demanded for payment of Rs. 40,000/- through the first lawyer's notice, the petitioner/defendant herein has chosen to file additional written statement in respect of that point. The trial Court dismissed the same on the ground there is no material produced by the petitioner/defendant to show such a lawyer's notice for payment of Rs. 40,000/-was sent by the respondent/plaintiff.