Kuppusamy v. K Murugasamy
Case brief
What is this about?
High Court set aside the order allowing a reply statement in a partition suit, ruling that defendants cannot withdraw prior admissions of relinquishment to raise inconsistent pleas.
What did the court decide?
Revision allowed; impugned order of 23.12.2005 set aside; application in I.A.No.268 of 2005 dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2013
CORAM
THE HONOURABLE MR. JUSTICE T. MATHIVANAN
C.R.P (PD) NO.605 of 2006
Kuppusamy
S/o.Kolandasamy
132, M.C.Road
Perundurai-638 052
Erode District ...Petitioner/Respondent/Plaintiff
Vs.
1 K Murugasamy
S/o. Kolanda Gounder 134- MC Road
Perundurai Erode Dist.
2 K Chellammal
W/o. Kolanda Gounder Behind Police Quarter
Perundurai Erode Dist.
3 Pappathi
W/o. Palanisamy Thasankadu
Behind Police
Quarter Perundurai Erode Dist.
4 The Superintending
Engineer Tamil Nadu Electricity Board Erode
Distribution Circle Erode Dist.
5 The Asst Enginner
Tamil Nadu Electricity Board Perundurai
Erode .
6 The Junior Engineer(Town)
Operation & Maintenance, Erode
Electricity Distribution Circle,
Perundurai ...Respondents/Respondents
/Defendants
PRAYER: This memorandum of Civil Revision is filed to set aside the order dated 23.12.2005 and made in the application in I.A.No.268 of 2005 in O.S.No.460 of 2000 on the file of the II Additional Subordinate Judge, Erode.
For Petitioner : Mr.N.Manokaran For Respondents : R1, R4 to R6 given up R2 No appearance
ORDER
Invoking the provisions of the Article 227 of The Constitution of India, this memorandum of Civil Revision has been filed by the petitioner/plaintiff challenging the legality of the order dated 23.05.2005 and made in I.A.No.268 of 2005 in O.S.No.460 of 2000 on the file of the learned II Additional Subordinate Judge, Erode.
Issues for consideration
2 issues framed by the court
Whether the trial court erred in allowing an application for a reply statement when it would permit parties to raise an inconsistent plea.
Whether a party is entitled to withdraw an admission made in the original written statement by filing a reply statement later.
Parties & counsel
- petitioner
Kuppusamy
- respondent
K. Murugasamy
- respondent
K. Chellammal
- respondent
Pappathi
- respondent
The Superintending Engineer, Tamil Nadu Electricity Board
- respondent
Case details
As recorded by the court registry
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