In a revision petition challenging the dismissal of an application for a belated additional written statement, the High Court of Judicature at Madras held that the delay was unexplained and merely an attempt to drag proceedings, thereby dismissing the petition and confirming the lower court's order.
No costs. The connected miscellaneous petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP(PD)No.659 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 11.12.2020 PRONOUNCED ON : 16.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(PD)No.659 of 2017
CMP.No.3330 of 2017
(Through Video Conferencing)
1. Chandrasekaran
2. Kumaravel Petitioners
Vs
1. Santhi
2. Palanisamy Respondents
Prayer:- This Civil Revision Petition has been filed, under Section 227 of the Constitution of India, to set aside the the order and decreetal order dated, 08.12.2016, made in IA.No.1300 of 2016 in OS.No.189 of 2009, by the Principal District Munsif, Namakkal.
For Petitioners : Mr.C.Jagadish
For Respondents : Party in Person (No appearance)
ORDER
decreetal order dated, 08.12.2016, made in IA.No.1300 of 2016 in OS.No.189 of 2009, by the Principal District Munsif, Namakkal.
CRP(PD)No.659 of 2017
Petition are as follows:-
CRP(PD)No.659 of 2017
additional issues were framed. On 29.08.2016, PW.1 was examined and Ex.P1 to Ex.P3 were marked. During the cross examination of PW.1, Ex.D1 to D7 were also marked on the side of the Defendants. On 25.10.2016, the evidence on the side of the Plaintiff was closed and the matter was posted for evidence on the side of the Defendants. At this stage, the present IA has been filed, seeking to file additional written statement much belatedly.
16.12.2020
Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm
To
CRP(PD)No.659 of 2017
A.A.NAKKIRAN, J.
Srcm
Pre-Delivery Order in
CRP(PD)No.659 of 2017
16.12.2020
3 issues framed by the court
Whether to allow the revision petition seeking to set aside the order dismissing an additional written statement filed belatedly after the plaintiff's evidence was closed.
Whether the inordinate delay in filing the additional written statement was satisfactorily explained.
Whether the Civil Revision Petition should be allowed or dismissed based on the dismissal of the interim application.
Chandrasekaran
Kumaravel
Santhi
Palanisamy
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
