G. KRISHNA MURTHY Vs. E.T. MUNIRATHNAM

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, came to be filed assailing the order dated 24.07.2017 passed in I.A.No.70 of 2012 in O.S.No.130 of 2010 by the Senior Civil Judge, Punganur, whereby and where under the application made by the first respondent-plaintiff to file rejoinder to the counter claim filed by the defendants, was allowed.

(2.) The facts leading to filing of the present revision, are as follows: The first respondent herein, who is the plaintiff, filed O.S.No.130 of 2010 seeking grant of permanent injunction in respect of suit schedule property. The respondents-defendants filed written statement/counter claim in the suit. After filing of the counter claim, the plaintiff was given an opportunity to file rejoinder by granting several adjournments. However, the plaintiff failed to avail the same. As such, the matter was posted for framing of issues. Subsequent thereto, the plaintiff filed the impugned application seeking permission to file rejoinder, which was allowed. Aggrieved by the same, present revision came to be filed.

(3.) Petitioner herein filed a counter affidavit before the Court below resisting the claim of the first respondent contending that in spite of giving sufficient time to file rejoinder, the plaintiff failed to do so. As there was gross negligence on the part of the plaintiff in filing rejoinder, the impugned application cannot be entertained. After hearing both sides, the Court below allowed the request of the plaintiff. Aggrieved by the same, present revision is filed.