P S JAYAVELU Vs. R V SUBRAMANI

JUDGEMENT

(1.) (Civil Revision Petition filed against the fair and decretal order dated 1.4.2005 made in I.A.No. 210 of 2004 in O.S.No.35 of 2003 on the file of the Subordinate Judge, Thiruvallur.) The Civil Revision Petition is filed under Article 227of the Constitution of India on the ground that the petitioner has been non-suited for filing additional written statement in the suit in O.S.No. 35 of 2003 on the file of the Sub-Court, Tiruvallur.

(2.) THE respondent herein filed the suit in O.S.No.35 of 2003 against the petitioner to recover certain sum of money on a pro-note dated 5.2.2000. THE petitioner after taking his own time filed the written statement totally denying the receipt of consideration on the promissory note and also contended that the suit has to be dismissed for non-joinder of necessary parties. While that being the stand originally taken, subsequently the petitioner filed an application to accept his additional written statement. That application has been rejected by the trial Court on the ground that it is not only belated but also projecting a new case, which has not already been stated in the original written statement. THE correctness of the said order is now put in issue in this Civil Revision Petition.