CRP/2484/2025 of SIVAKUMAR Vs VASANTHA @ POKKILAI on 15 October 2026

Order

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in IA No.2 of 2024 in OS No.38 of 2010 passed by the learned III Additional District Judge, Puducherry, dated 11.02.2025 wherein the application filed by the 1st respondent /2nd defendant was allowed.

2. Heard both sides and carefully perused the materials available on record as well as the order passed by the Court below.

3. The 2nd respondent herein is the plaintiff, who filed the suit in OS No.38 of 2010 seeking for the relief of partition and for allotment of 1/3rd share in the suit property.

4. The 1st respondent /2nd defendant filed a written statement along with a counter claim and sought for certain reliefs by way of counterclaim. The petitioner herein, who is the 3rd defendant filed IA No.1154 of 2015 to reject the counterclaim made by the 1st respondent /2nd defendant. The said application was dismissed and aggrieved by the same, the petitioner filed Civil Revision Petition in CRP (PD) No.3050 of 2022 before this Court. When the Civil Revision Petition came up for hearing on 26.09.2022, the same was disposed of in the following terms:-

2. The learned counsel for the 3rd respondent viz., Mr.S.Raveekumar, Caveator, brought to the notice of the Court that the prayers made by the 3rd respondent by way of counter claim were incorporated in the plaint by subsequent amendments to the plaint. Therefore, the counter claim made by the 3rd respondent for setting aside the judgment and decree dated 13.07.2009 passed in O.S.No.389 of 2009, on the file of Principal District Judge, Pondicherry and the declaration that the settlement deed dated 03.02.2010 registered before the Office of the Sub Registrar, Thirukanur with Doc.No.179 of 2010 is no longer necessary.

3. In view of the fact that the prayer made by the second defendant/3rd respondent herein in the counter claim has already been incorporated in the plaint, the counter claim made by the 3rd respondent is rejected as unnecessary. The revision petition is disposed of with the observation that the counter claim prayers made by the 3rd respondent herein are not necessary and the Court can proceed with the suit based on the amended plaint filed on 14.10.2014.

4. In view of the fact that the suit is of the year 2010, the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. No costs.

5. Pursuant to the above order, the petitioner /3rd defendant filed IA No.1 of 2024, seeking for a direction to the 1st respondent /2nd defendant to withdraw the counterclaim and file a fresh written statement or make suitable amendments to the written statement already filed by the 2nd defendant including the counterclaim contentions and to proceed further with the suit.

6. The Court below passed an order in IA No.1 of 2024 on 03.12.2024 partly allowing the same and directed the 1st respondent /2nd defendant to withdraw the counterclaim to make suitable amendment to his written statement.

7. Pursuant to the above order, the 1st respondent /2nd defendant filed IA No.2 of 2024 with a proposed amendment to delete reliefs 1 and 2 at Page 4 of the written statement and to renumber the other prayers.

8. The Court below allowed the said application. Aggrieved by the same, the present civil Revision Petition has been filed before this Court.

9. In the considered view of this Court, there was no necessity for the petitioner to have filed IA No.1 of 2024 which resulted in the 1st respondent filing IA No.2 of 2024 for amendment. These applications were unnecessary and unwarranted, in the light of the order passed by this Court in CRP PD

No.3050 of 2022.

10. From the order that has been extracted supra, it is pellucid that the counterclaim prayers made by the 2nd defendant has been rejected as unnecessary and this Court directed the Court below to proceed with the suit based on the amended plaint filed on 14.10.2014. This Court also made it clear that the suit must be completed within a period of six months. If this direction had been strictly complied with, the suit would have been disposed of by now. However, two of the defendants thought otherwise.

11. The issue arose when the petitioner /3rd defendant filed IA No.1 of 2024, which was wholly unnecessary and the same resulted in the 1st respondent /2nd defendant filing IA No.2 of 2024 which further complicated the case. These applications ought not to have been filed before the Court below since this Court has already made it clear that the counterclaim made by the 2nd defendant is rejected as unnecessary. The civil suit which otherwise would have reached its logical conclusion by now is kept pending till today inspite of the earlier direction given by this Court on 26.09.2022 to dispose of the suit within six months. The Court below ought to have applied its mind on the effect of the order that was passed by this Court in the earlier Civil Revision petition on 26.09.2022.

12. In the light of the above discussion, it is also made clear that the order passed in IA No.1 of 2024 dated 03.12.2024 and the order passed in IA No.2 of 2024 dated 11.02.2025 can be disregarded. It is made clear that the counterclaim made by the 1st respondent /2nd defendant and the contention raised in the written statement supporting the counterclaim has already been held to be unnecessary. Therefore, there is no need to read the written statement filed by the 1st respondent /2nd defendant as claiming for any counterclaim and it can be read as a normal written statement filed in the suit. In the light of this clarification, there shall be a direction to the Court below to dispose of the suit filed in OS No.38 of 2010 within a period of three months from the date of receipt of a copy of this order. A compliance report shall be filed before this Court. No costs. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The III Additional District Judge, Puducherry

N.ANAND VENKATESH J. RKA CRP No. 2484 of 2025 AND CMP NO. 14223 OF 2025 15-10-2026