The petitioner filed O.S No.63 of 2008 in the Court of the Senior Civil Judge, Srikalahasthi, against the residents for the relief of partition and separate possession of suit schedule properties. It appears that written statement was filed by some of the defendants and the others have adopted the same. The respondents 1 and 2 i.e. the defendants 1 and 2 filed an application under Order - VI Rule -17 CPC with a prayer to permit them to amend the written statement. The application was ordered. Though time was granted to the petitioner to file rejoinder, he did not avail that opportunity. Thereafter, issues were framed and the evidence on behalf of the petitioners was closed. When the evidence of D.W-1 was in progress, the petitioner filed I.A No.463 of 2012 with a prayer to permit him to file rejoinder. The application was opposed by the respondents 1 and 2. The trial Court dismissed the same through order, dated 10-04-2012. It was observed that the petitioner did not avail the opportunity and it is not open for him to file rejoinder at this stage.

2. Heard the learned counsel for the petitioner and the learned counsel for the contesting respondent.

3. The trial Court did