VISHNUPRIYA Vs. KUPPAMMAL

JUDGEMENT

(1.) INVEIGHING the order dated 18.1.2005 passed in I.A.No,251 of 2004 in O.S.No,3 of 1992 by the District Munsif, Gudiyattam, this civil revision petition is focussed.

(2.) A summation and summarisation of facts, which are absolutely necessary and germane for the disposal of this civil revision petition, would run thus:- The revision petitioners/plaintiffs herein filed the suit O.S.No,3 of 1992 seeking the following reliefs:

(3.) I could see considerable force in the submission made by the learned counsel for the respondents/defendants that the defendants should be given ample opportunity to put forth the pleas. It is a trite proposition of law that in the litigative process, defendant has been given more liberty than the plaintiff to change his pleas or modify his earlier pleas and it is for the Court to decide the truth or otherwise involved in the pleas of the defendant. In this case, the plaintiffs also have not started adducing evidence and in such a case no prejudice would be caused to the plaintiffs. The plaintiffs are also having the opportunity of filing reply statement to the addition written statement to be filed by the defendants and the Court should frame necessary issues in this regard. Hence, I could see no infirmity in the order passed by the lower Court. Accordingly, the order dated 18.1.2005 passed in I.A.No,251 of 2004 in O.S.No,3 of 1992 by the District Munsif, Gudiyattam, is confirmed and this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is dismissed.