RAJA Vs. CHINNAPILLAI AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order dated 05.12.2014 passed in I.A. No.1257 of 2013 in O.S. No.193 of 2005 on the file of the District Munsif Court, Sankari.

(2.) The petitioner is the plaintiff and respondents are the defendants 5 to 8 in O.S. No.193 of 2005 on the file of the District Munsif Court, Sankari. The petitioner initially filed the said suit against the defendants 1 to 3 and father of the respondents viz., Kaveri/fourth defendant. The fourth defendant filed written statement on 30.11.2005. After the death of father of the respondents/fourth defendant, the respondents were brought on record as the defendants 5 to 8. The respondents adopted the written statement filed by their father/fourth defendant. The petitioner also filed reply statement. Trial commenced. The petitioner was examined as PW1 and was cross examined by the counsel for the defendants. At this stage, the respondents filed I.A.No.1257 of 2013 under Order VIII Rule 9 of C.P.C for permission to file additional written statement. According to the respondents, during cross examination, the petitioner admitted that his grandfather, Dasappagounder had two wives. The petitioner's father and the respondents' father are the two sons through first wife and through second wife, Dasappagounder had two sons. The sons through second wife sold the properties at Chittoor. According to the respondents, they came to know about these facts through the enquiries made by them. The petitioner has not impleaded all the co-parceners and has not included all the properties. Hence, the relief of declaration of title is not maintainable.

(3.) The petitioner filed counter affidavit and denied all the averments and submitted that the respondents are not entitled to file additional written statement after cross examination of PW1. The respondents have taken contradictory stand in the additional written statement and if the respondents are permitted to file additional written statement, it will lead to unnecessary complication.