N PALANISAMY Vs. S BALACHANDAR

JUDGEMENT

(1.) PETITION filed under Article 227 of the Constitution of India against the fair and decretal order of the Principal District Judge's Court at Namakkal, dated 24.10.2008 in I.A.No,31 of 2008 in O.S.No,232 of 2004.) The petitioner filed a suit for recovery of money from the respondent in O.S.No,232 of 2004 on the file of the Principal District Judge, Namakkal. The respondent filed written statement stating that he has to pay only a sum of Rs.8, 64,340/- to the petitioner and while P.W.1 was in the witness box for cross examination, the respondent filed an application in I.A.No,48 of 2007 to receive an additional written statement with a plea that he has to pay a sum of Rs.6,28,505/- only. The application was dismissed by the Court below after hearing both sides.

(2.) THEREAFTER, the respondent preferred C.R.P.(PD). No,3056 of 2005 on the file of this Court and this Court after hearing the arguments of both the learned counsel, dismissed the civil revision petition on 03.01.2008 by observing that the petitioner cannot be allowed to put forth such plea by way of additional written statement especially when a detailed written statement has been filed by him incorporating the amount borrowed by him and the amount repaid by him to the respondent.

(3.) MR.P.Valliappan, learned counsel for the petitioner would submit that inasmuch as the respondent got defeated in the earlier proceedings before this Court in C.R.P.No,3056 of 2008 by somewhere or other he is making efforts to introduce the very same aspects which are discountenanced by this Court and the Court below has not adverted to the fact but allowed the application which is not at all sustainable. This Court sees considerable force in his argument.