KALIATHAL Vs. MURUGATHAL

JUDGEMENT

(1.) AGGRIEVED by the order of the trial Court dated dated 25. 9. 2003 made in I. A. No. 1267 of 2003 in O. S. No. 234 of 1997 non-suiting the petitioner for the relief of reopening the case to enable her to file additional written statement claiming the relief of declaration to declare her also as one of the wedded wife of the deceased Bala Dhandapani, the present civil revision petition is filed.

(2.) THE facts giving rise for filing the present revision are as follows: the respondents herein as plaintiffs filed the suit in O. S. No. 234 of 1997 on the file of the District Munsif's Court, Dharapuram for declaration declaring the first respondent as the wife and respondents No. 2 to 4 as the children of the deceased Bala Dhandapani. The petitioner herein filed a written statement defendant the suit. By filing the present application in I. A. No. 1267 of 2003, the petitioner sought permission of the Court to file an additional written statement for declaring the petitioner also as the legally wedded wife of the deceased Bala Dhandapani by offering to pay necessary court fees.

(3.) THE said application has been rejected by the trial Court on the premise that the suit has already been listed for trial and evidence on behalf of the plaintiff has been examined and at a belated stage the application of the petitioner cannot be allowed and the same is filed only to protract the proceedings. The correctness of the said order is now put in issue in this revision.