Civil Revision Petition No. 288 of 2012 · High Court

of India has been preferred by the petitioner-plaintiff challenging the order dated 27.12.2011 passed in I.A.No.1249 of 2011 in O.S.No.117 of 2007 whereby the learned XI Additional District Judge (F.T.C.) Guntur at Tenali allowed the application filed by the first respondent herein, who is the 10th defendant in suit, by invoking the provision under Order VIII Rule 9 and Section 151 of the Code of Civil Procedure to permit him to file written statement, in additional to the written statement filed by the 5th defendant by condoning the delay. Heard both sides. After arguing for sometime, the learned counsel for the first respondent – D.10 submitted that he may be permitted to adopt the written statement filed by defendant Nos.2 to 4 before the trial Court and he also assured that in pursuant to adoption of written statement of D.2 to D.4, he is not going to seek further cross-examination of witnesses. But the same was objected by the petitioner’s counsel. Considering the facts and circumstances of the case, the impugned order is modified permitting the 1st respondent-10th defendant to adopt the written statement filed by D.2 to D.4 before the trial Court. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions filed in this revision, if any, shall stand closed. Dated 16th April, 2012 ________________________ JUSTICE RAJA ELANGO