KARTHIKEYAN Vs. ARUMUGAM

JUDGEMENT

(1.) THE revision petitioner/second defendant has preferred this civil revision petition aggrieved against the order dated 11.8.2008 in I.A.No.22 of 2008 passed by the Principal District Munsif, Cuddalore in dismissing the application filed under Order 8 Rule 9 CPC r/w Section 151 CPC to receive the additional written statement along with the sale deed executed by the revision petitioner/second defendant to one Thirumurugan Asari.

(2.) THE trial Court, while passing orders in I.A.No.22 of 2008, has inter alia opined that ' the sale by the second defendant is hit by lis pendens by automatic operation of law, this Court feels that the non-reception of additional written statement will not cause any prejudice or hardship to the petitioner' and resultantly dismissed the the application without costs.

(3.) IN fine, the civil revision petition is allowed and the order passed in I.A.No.22 of 2008 in O.S.No.639 of 2006 by the Principal District Munsif, Cuddalore is set aside for the reasons assigned by Court in this revision. The trial Court is directed to receive the additional written statement filed by the revision petitioner/second defendant and to proceed with further in the suit in the manner known to law. There will be no order as to costs. Consequently, connected M.P.No.1 of 2008 is closed.