Madras High Court
K.Shoba vs K.Bhavani on 16 June, 2015
Author: K.K.Sasidharan
Bench: K.K.Sasidharan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2015 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(PD) (MD) No.410 of 2012 and M.P.(MD) No.1 of 2012 K.Shoba ... Petitioner/Petitioner/Defendant -vs- K.Bhavani ... Respondent/Respondent/Plaintiff PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, against the order of dismissal passed in I.A.No.19 of 2012 in O.S.No.1209 of 2009, dated 01.02.2012, on the file of the First Additional District Munsif of Trichirapalli. !For Petitioner : Mr.K.R.Laxman ^For Respondent : Mr.S.M.S.Johny Basha :ORDER
The respondent filed a suit in O.S.No.1209 of 2009 against the petitioner on the strength of a promissory note. The suit was contested by the petitioner by filing written statement. During the course of trial, the petitioner has filed an application to receive additional written statement. The learned trial Court dismissed the application. The said order is under challenge in this Civil Revision Petition.
2.Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3.The petitioner in her written statement filed earlier had not made any statement with regard to the forgery committed by the respondent insofar as the promissory note is concerned. The petitioner after commencement of trial filed a petition to receive additional written statement with a contrary case. The learned trial Court is right in his observation that it is not possible to permit the petitioner to file additional written statement at the fag end of the trial, I do not find any error or illegality in the order passed by the learned Trial Judge. The order does not warrant interference by exercising revisional jurisdiction under Article 227 of the Constitution of India.
4. In the upshot, I dismiss the civil revision petition. No costs. Consequently, connected M.P.(MD) No.1 of 2012 is also dismissed.
To:
The I Additional District Munsif, Tiruchirapalli.