NADANASIGAMANI Vs. RAJENDRAN

JUDGEMENT

(1.) THIS Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 9. 7. 2004 made in I. A. No. 555/2004 in O. S. No. 690/1996 on the file of the District Munsif Court, Panruti.

(2.) THE plaintiff is the revision petitioner. The plaintiff filed a suit in O. S. No. 690/1996, on the file of the District Munsif Court, Panruti for a declaration of his title to the suit property and for permanent injunction. According to him, the property admeasuring 6. 54 acres belongs to him, which he obtained by inheritance. Originally it belonged to his grandfather and after his death, his father and his brothers by oral partition and his father was allotted 5 acres. His uncle died intestate, his wife and her son succeeded to his share. On 16. 7. 1940, his father purchased 1. 54 acres and became the owner of 6. 54 acres in total. It is his case that after his father's death he has been in possession and enjoyment of the said property. When the respondents attempted to interfere with the possession, he has filed the above suit for the above said relief.

(3.) WHEN the plaintiff was examined as P. W. 1 and was being cross-examined, an Application was filed in I. A. No. 555/2004 by the respondents/defendants for receiving the additional written statement. The said Application was resisted by the plaintiff contending that he was trying to bring in a new case by filing additional written statement. It was also objected to, on the ground of limitation. The trial court passed an order allowing the Application. Hence the Civil Revision Petition has been filed against the fair and decretal order dated 9. 7. 2004 made in I. A. No. 555/2004 in O. S. No. 690/1996.