Full Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
18. 06.2014 CORAM THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P.(PD) (MD) No.1632 of 2013 and M.P.(MD) No.1 of 2013 Sheik Dawood ...Petitioner/Petitioner/Plaintiff -vs- Pandi ... Respondent/Respondent/Defendant PRAYER Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal orders, dated 22.07.2013, and made in I.A.No.321 of 2011 in O.S.No.103 of 2007, on the file of the learned District Munsif, Devakottai. !For Petitioner : Mr.V.Janakiramulu ^For Respondent : Mr.AR.L.Sundaresan, Senior Counsel for Mrs.A.L.Ganthimathi :ORDER
Challenge is made in this memorandum of civil revision petition to the fair and decretal orders, dated 22.07.2013, and made in I.A.No.321 of 2011 in O.S.No.103 of 2007, on the file of the learned District Munsif, Devakottai.
2. The revision petitioner herein is the plaintiff in the suit in O.S.No.103 of 2007, on the file of the learned District Munsif, Devakottai, whereas the respondent herein is the defendant therein.
3. It appears that the the revision petitioner/plaintiff has filed the suit in O.S.No.103 of 2007, on the file of the learned District Munsif, Devakottai, seeking the relief of permanent injunction. The respondent/defendant has also contested the suit by way of filing his written statement as early as during October 2007.
4. During the pendency of the said suit, the revision petitioner/plaintiff has also taken out an interlocutory application in I.A.No.321 of 2011, under Order VIII Rule 9 of the Code of Civil Procedure, seeking permission to file additional pleadings.
5. After hearing both sides, the learned District Munsif, Devakottai, has proceeded to dismiss the said interlocutory application, by his Order dated 22.07.2013, on the ground that granting such relief, as sought for by the revision petitioner/plaintiff, will abridge the defence of the respondent/defendant.
6. Heard Mr.V.Janakiramyulu, learned counsel appearing for the revision petitioner/plaintiff as well as Mr.AR.L.Sundaresan, learned senior counsel, appearing for Mrs.A.L.Ganthimathi, learned counsel on record for the respondent/defendant and perused the materials available on record.
7. When the revision petition is taken up for hearing, Mr.AR.L.Sundaresan, learned senior counsel has got no objection to grant such permission, without causing prejudice to the main suit, to file the additional pleadings, as sought for by the revision petitioner/plaintiff, and he has also urged this Court two weeks time might be granted to the respondent/defendant to file his additional written statement.
8. Considering the submissions made by Mr.AR.L.Sundaresan, learned senior counsel, this Court finds that this memorandum of civil revision petition be allowed and the impunged order be set aside.
9. Accordingly, this memorandum of civil revision petition is allowed and the impugned order, dated 22.07.2013, and made in I.A.No.321 of 2011 in O.S.No.103 of 2007, on the file of the learned District Munsif, Devakottai, is set aside and the interlocutory application in I.A.No.321 of 2011 is allowed. The learned District Munsif, Devakottai, is directed to take the additional pleadings, which is already filed by the revision petition/plaintiff, on his file and the respondent/defendant is directed to file his additional written statement, within a period of two weeks, from the date of receipt of a copy of this Order and the learned District Munsif, Devakottai, is directed to dispose the suit in O.S.No.103 of 2007, within a period of two months thereafter, without loss of further time, as the suit is relating to the year of 2007. Consequently, connected miscellaneous petition is closed. No costs. To The District Munsif, District Munsif Court, Devakottai.