CRP/5317/2026 of V.Valarmathi Vs V.Ganesan on 8 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.6 of

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2025 in OS.No.295 of 2019 on the file of the Additional District Judge at Attur, wherein the application filed by the plaintiffs under Order VI Rule 16 of CPC, seeking to delete Paragraph No.1 to Paragraph No.10 of the additional written statement, came to be rejected by the Court below.

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

3. The petitioners, who are the plaintiffs, filed the suit in OS No.295 of 2019 seeking for the relief of partition and for allotment of 2/4th share in the suit properties. The defendants filed their written statement in the year 2019 and took a stand that the suit properties are the self acquired properties of Vadamalai Pillai and sought for the dismissal of the suit.

4. The Additional written statement came to be filed in the year 2025 wherein the defendants took a stand that properties were ancestral in character. In view of the contradicting stand taken by the defendants, the plaintiffs filed IA No.6 of 2025 under Order VI Rule 16 r/w Section 15 of CPC, to strike of Paragraphs 1 to 10 in the additional written statement. The Court below dismissed the application on the ground that the defendants have taken an inconsistent stand and that by itself is not a ground to delete the said Paragraphs in the additional written statement. The Court below also granted liberty to the

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plaintiffs to file a reply statement and accordingly, dismissed the application. Aggrieved by the same, the present Civil Revision petition has been filed before this Court.

5. The Additional written statement came to be filed by the defendants pursuant to an amendment that was carried out in the plaint by deleting /including certain properties in the suit schedule property. In the original written statement, the stand taken is that the suit properties are the self acquired properties of Vadamalai Pillai. In the additional written statement, the stand taken is that the properties are ancestral in character, apart from including some more facts pertaining to the properties that were included in the schedule to the plaint after the plaint was amended.

6. It is now too well settled that the defendants can take inconsistent stand. However, the defendants will not be allowed to take mutually distructive stand and thereby, wriggle out of some admissions made originally. It is not clear from the additional written statement as to whether the defendants are alleging that the entire suit properties are ancestral in character or the properties that were brought in pursuant to the amendment of plaint alone are ancestral in character. In the former, it will result in mutually distructive stand and in the later, such stand will confine itself only to the properties which were included

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subsequently by way of amendment of plaint and it cannot be construed as a mutually contradicting stand.

7. The Court below shall keep this in mind while deciding the stand of the defendants with respect to the original suit properties and those properties which were included subsequently by way of amending the plaint. This observation will sufficiently take care of the grievance of the petitioner/plaintiff. Hence, it is not necessary to delete paragraphs 1 to 10 in the additional written statement.

8. The order passed by the Court below is modified to the above extent and this Civil Revision Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To, The Additional District Judge at Attur.

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N.ANAND VENKATESH J. RKA CRP No. 5317 of 2026 AND CMP NO. 23104 OF 2026 08-10-2026