SOUNDARAJAN Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) The petitioners are the defendants in O.S.No.23 of 2008 before the III Additional District Judge, Pondicherry. The respondents had filed the suit for partition of the suit Schedule properties. In the said suit, the petitioner's had also filed their written statement on 14.10.2008. It appears that the suit was decreed ex parte and thereafter the said order was set aside.

(2.) At that stage the petitioners sought to file additional written statement and therefore filed an application under Order 8 Rule 9 of CPC read with Section 151 of CPC vide I.A.No. 126 of 2013.

(3.) The respondents/plaintiffs filed their counter opposing the leave to file additional written statement on the ground that that the additional written statement proposed to be filed was belated after a new counsel was engaged and due change of opinion.