SUBRAMANIAN Vs. JAYARAMAN

JUDGEMENT

(1.) The above Civil Revision Petition has been filed against the fair and decretal order dated 15.4.1996 made in I.A. No. 595 of 1996 in O.S. No. 129 of 1995 by the Court of Additional District Munsiff, Cuddalore in so far dismissing an application filed under Order 8, Rule 9 of the Civil Procedure Code pleading thereby to grant leave for reception of the additional written statement filed therewith.

(2.) In the affidavit filed in support of the petition, it is contended that they found that necessary particulars and clarifications in respect of the prior proceedings were to be given in full: that they have to put forward the plea of res judicata and estoppel with reference to the facts of the case, in which even no prejudice will be caused to the other side also and hence praying for leave to be granted to receive the additional written statement filed therewith.

(3.) The respondent has also filed his counter stating thereby that the additional written statement is directly contradictory to the previous written statement further containing inconsistent stands; that the petitioners cannot introduce new and diagonally opposite stand, which is not permitted by Law; that the averments regarding the 'B' schedule properties are also untenable: that the Commissioner got appointed and he filed a report, for which the petitioners have not filed any objection and hence no objection regarding the identity of the property could be raised at a later stage and would oppose the application stiffly.