The relief sought for in this revision petition is to set aside the order dated 13.02.2018 made in I.A.No.115 of 2017 in O.S.No.30 of 2014 on the file of the learned Additional District Judge, Hosur.
2. The respondents filed a petition in O.S.No.30 of 2014 against the revision petitioner before the learned Principal District Judge, Krihsnagiri for specific performance, in which the revision petitioner filed a written statement. Subsequently, after framing of issues, during the completion of the trial, when the matter was posted for arguments of the revision petitioner, at that time, the revision petitioner filed an application to file the additional written statement.
3. The revision petitioner filed an interlocutory application under Order VIII, Rule 9 Section 151 of C.P.C in I.a.No.115 of 2017, to file the additional written statement.
4. After hearing both the parties, the trial Court after elaborate discussion on the various decisions of this Court and the Hon'ble Supreme Court, dismissed the application in I.A.No.115 of 2017 in O.S.No.30 of 2014 on 13.02.2018.
5. Aggrieved against the said order dated 13.02.2018, the revision petitioner is before this Court.
6. No doubt, the additional pleading can be taken at any stage. However, after completion of the trial, additional plea can not be taken in order to defeat the admission made by the parties during the evidence. It is seen from the records, after filing of written statement and after completion of trial at this stage, application for filing written statement is filed only in order to fill up the lacuna and to defeat the admission made during evidence.
7. Under the said circumstances, the trial Court rightly dismissed the I.A.No.115 of 2017. There is no illegality or irregularity in the order passed by the trial Court and finds no valid reason to interfere with the order passed by the trial Court.
8. In the result, the civil revision petition is dismissed. Consequently, the connected Miscellaneous petition is closed. No costs.
06.06.2017 Index:Yes/No Speaking order / Non speaking order vum To The Additional District Judge, Hosur.
P.VELMURUGAN, J., vum C.R.P.(PD).No.1192 of 2018 and C.M.P.No.6193 of 2018 06.06.2018