A. SIVAKUMAR Vs. M. LOGANAYAKI AND OTHERS

JUDGEMENT

(1.) According to the petitioner, the respondents herein have filed a suit in O.S.No.116 of 2007 against the petitioner before the III Additional District Judge, Coimbatore for specific performance and consequential permanent injunction. In the aforesaid suit, the petitioner has filed an application in I.A.No.1035 of 2017 seeking permission to file an additional written statement. After considering the contentions of both parties, the trial court dismissed the application by holding that the admission made by the petitioner in the original written statement being attempted to be taken away besides attempting to introduce new set of facts. Challenging the said order, the present Civil revision petition has been filed before this Court.

(2.) According to the learned counsel for the petitioner, the petitioner was not able to mention the important facts in his written statement and therefore, filed the present application. Further, in the additional written statement sought to be filed, the petitioner has stated that on 9.10.2006 the respondent/plaintiff has paid advance amount for a sum of Rs. 1,00,000/- besides the petitioner has received a sum of Rs. 5,00,000/- paid by the respondent/plaintiff under the previous sale agreement entered into between the petitioner and the respondent. The said fact is only a defence already stated in the original written statement giving further details in the additional written statement. Therefore, the order of the court below is liable to be set aside.

(3.) According to the learned counsel for the respondent, the respondent has filed the suit in the year 2007 whereas the instant application has been filed belatedly i.e. in the year 2017. Further, the petitioner sought to introduce new set of facts. Therefore, the court below has rightly dismissed the application.