MURUGAN Vs. AYYANAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 24.09.2014 made in I.A.No.579 of 2014 in O.S.No.142 of 2008 on the file of the Additional District Munsif Court, Villupuram.

(2.) The petitioner is plaintiff and respondent is third defendant in O.S.No.142 of 2008 on the file of the Additional District Munsif Court, Villupuram. The petitioner filed said suit against the petitioner and six others for declaration to declare the petitioner along with defendants 4 to 7 are absolute owners of A and B schedule properties and for recovery of possession and for mandatory injunction directing the defendants 1 and 2 and respondent to remove the illegal foundation to an extent of 400 sq.ft. in the A and B schedule properties. The respondent filed written statement on 11.08.2008, which was adopted by the first defendant and are contesting the suit. The petitioner filed reply statement and subsequently, respondent filed additional written statement on 13.07.2009. Trial commenced and the petitioner let in evidence and evidence on behalf of the petitioner was closed. On behalf of the defendants, D.W.1 was examined in chief and was cross-examined in part and the suit was posted for further evidence on behalf of the defendants. At that stage, respondent filed I.A.No.579 of 2014 under Order VII Rule 14-A of C.P.C., to condone the delay in filing the documents and to receive the documents mentioned therein.

(3.) According to the respondent, he has to file some important documents to substantiate his case and he got the documents only at the time of filing of the application. The respondent further stated that delay in filing the documents is neither wilful nor wanton.