SUNDARAMOORTHY (DECEASED) AND OTHERS Vs. SUGUNA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 10.09.2014 made in I.A.No.116 of 2013 in O.S.No.71 of 2011 on the file of the District Munsif Court, Tiruvarur.

(2.) The deceased first petitioner is plaintiff, petitioners 2 to 5 are the legal heirs of the deceased first petitioner and respondent is first defendant in O.S.No.71 of 2011 on the file of the District Munsif Court, Tiruvarur. The deceased first petitioner filed the said suit against the respondent and one Kalyanasundaram claiming a sum of Rs. 30,000/- as damages. The respondent filed written statement on 29.11.2009 and she also filed additional written statement. The deceased first petitioner let in evidence and closed his side. When the suit was posted for evidence on behalf of the respondent and another defendant, the respondent herein filed I.A.No.116 of 2013 for permission to file additional written statement. According to the respondent, in additional written statement already filed, she has stated that her family members are cultivating the land, but failed to mention that as to how they came into possession. For the above reason, she sought permission of the Court to file second additional written statement.

(3.) The deceased first petitioner filed counter affidavit and opposed the said application and submitted that already the respondent filed written statement and additional written statement and she has not stated as to why she has not stated this fact in the written statement and additional written statement already filed. After commencement of trial, the deceased first petitioner had let in evidence and closed his side. When the suit was posted for evidence on the side of the respondent and another defendant, she has filed the present application only to drag on the proceedings.