Soundaram v. Nallammal
Case brief
What is this about?
This revision petition challenged the dismissal of an application to file an additional written statement alleging alienation of disputed properties by the trial court, which dismissed it due to delay.
What did the court decide?
No
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2014
CORAM :
THE HONOURABLE MS.JUSTICE R.MALA
C.R.P(PD).No.2385 of 2014 and M.P.No.1 of 2014
1.Soundaram 2.Sushila
.. Petitioners
Vs.
Nallammal .. Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of Constitution of India, against the fair and decreetal order dated 03.04.2014 made in I.A.No.41 of 2014 in O.S.No.125 of 2011 on the file of the Sub-Court, Tiruchengode.
For Petitioners : Mr.N.Manokaran
Issues for consideration
3 issues framed by the court
Whether an additional written statement under Order 8 Rule 9 C.P.C. should be permitted to raise new facts after trial has commenced and cross-examination is completed.
Whether the entitlement to property shares under the Hindu Succession Act is affected by a registered partition deed executed prior to the amendment acts.
Whether the trial court erred in dismissing the application to receive an additional written statement alleging alienation of property allotment.
Parties & counsel
- petitioner
Soundaram
- petitioner
Sushila
- respondent
Nallammal
Coram
Case details
As recorded by the court registry
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