A.No.3175 of 2025 in C.S.No.331 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19-09-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL A No.3175 of 2025 in C.S.No.331 of 2021 Dharaniselvam Applicant/1st Defendant Vs 1. Suresh Kumar Attri 2. Sathish Sharma ...Respondents/Plaintiffs 3. Santhosh ...Respondent/2nd Defendant For Applicant(s): Mr.S.Ambedkar For Respondent(s): Mr.Richardson Wilson for R1 and R2 Mr.S.Ranjithkumar for R3 Page No.1 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 ORDER This application is filed by the applicant/first defendant to grant leave to the first defendant to file an additional written statement in the main suit, viz., C.S.No.331 of 2021. 2. According to the applicant, he is the first defendant in the main suit and the main suit was filed by the first and second respondents/plaintiffs seeking the relief of a declaration and recovery of possession of the suit schedule properties and consequential relief of permanent injunction and for damages. (b). Now the case is posted for the cross-examination of P.W.1. The written statement was already filed through his previous counsel and at the time of examination of P.W.1, the applicant/first defendant came to know that the written statement filed is a mere adopted version of the written statement of the third respondent/second defendant. Page No.2 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 (c) In fact, the applicant/first defendant entered into a lease agreement for a period of four years commencing from 18.07.2017 to 17.07.2021 and 19.07.2021 to 18.07.2025 and he paid a security deposit amount of Rs.5,00,000/- (Rupees Five Lakhs only) to the second defendant/third respondent and the same is returnable on the termination of the lease agreement. After the termination of the lease agreement dated 18.07.2017, the lease period was renewed through the lease agreement dated 19.07.2021 with respect to Item No.1 of the Suit Schedule property and he paid a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the second defendant/third respondent as a security deposit. The said lease term shall end on 18.07.2025. (d) The applicant/first defendant is a bonafide lessee and entered into the lease in good faith. He has no right over the title of the property and he is willing to hand over the possession of the Item - 1 of the suit schedule property to the plaintiffs/respondents 1 and 2 or to the second defendant/third respondent as per the directions of this Court. Therefore, he filed an additional written statement with the above-said pleadings and he Page No.3 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 filed this application to grant leave to him in C.S.No.331 of 2021 to file an additional written statement. 5. The respondents 1 and 2/plaintiffs filed a counter that the applicant/first defendant had already filed a written statement, and he duly signed in the written statement. An applicant cannot shift the blame on the erstwhile counsel and now take a stand that the written statement filed by the erstwhile counsel was only an adoption of the written statement filed by the second defendant/third respondent, and it clearly shows the negligence on the part of the applicant/first defendant and the signature affixed by the applicant indicates that he was aware of the contents of the written statement. (b). The reasons stated by the applicant/first defendant in the affidavit are not acceptable. In fact, the suit schedule properties are vacant plots, and respondents 1 and 2/plaintiffs, who are residing elsewhere, visited and inspected the suit schedule properties frequently. While so, taking advantage of the COVID-19 pandemic in March 2020, the applicant/first defendant and Page No.4 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 the third respondent/second defendant encroached on the property. Now, the written statement filed by the applicant/first defendant is totally against the previous written statement filed by the third respondent/second defendant and adopted by this applicant/first defendant. Already, the chief examination of P.W.1 was over; at this stage, the applicant/first defendant filed this application. Therefore, this application is liable to be dismissed. 6. This court heard both sides, and perused the records. 7. It is an admitted fact that the chief examination of P.W.1 was over; at this stage, this applicant/first defendant filed this application to receive the additional written statement. It is also an admitted fact that earlier the applicant/first defendant had not filed a separate written statement, and he only adopted the written statement of the second defendant, who is the third respondent herein. Therefore, the applicant/first defendant now filed this application to receive the additional written statement in the main suit. 8(a).Though the additional written statement is contrary to the Page No.5 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 averments of the earlier written statement, the applicant/first defendant has not filed a separate written statement and he only filed a memo by adopting the written statement filed by the third respondent/second defendant. (b) Though the respondents 1 and 2/plaintiffs have filed an elaborate counter, in order to put forth the case of the applicant/1st defendant and to avoid multiplicity of the proceedings, it is appropriate to allow this application. If the respondents 1 and 2/plaintiffs have any grievance, they can raise their objections by way of reply statement. (c) Though P.W.1 was examined in chief, so far cross-examination has not been commenced. Therefore, as stated above in the interest of Justice, it is appropriate to allow this application. Accordingly, this application is allowed. No Cost. 19-09-2025 (1/2) dk To 1. Suresh Kumar Attri S/o Bishambar Dayal Sharma, Page No.6 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 No.F-80, New No.17, 2nd Floor, 2nd Street, Anna Nagar East, Chennai 600 102. 2.Satish Sharma S/o Bishambar Dayal Sharma, No.188/1c, Manicktala Main Road, Kanlurgachi, Kolkata - 700 054. West Bengal. 3.Santhosh S/o Subban No.173, 2nd Block, 41st Street, Muthamizh Nagar, Kodungaiyur, Chennai 600 118. P.DHANABAL,J. dk Page No.7 of 8 https://www.mhc.tn.gov.in/judis A.No.3175 of 2025 in C.S.No.331 of 2021 A No.3175 of 2025 in C.S.No.331 of 2021 19.09.2025 (1/2) Page No.8 of 8 https://www.mhc.tn.gov.in/judis