A.N. Venugopala Gowda, J.

1. Petitioner has instituted a suit for partition and separate possession on 20.04.2002 against the Respondents. 1st Defendant having died, his legal representatives have been brought on record. The legal representatives of 1st Defendant have filed written statement on 17.10.2008, resting their case on a Will, said to have been executed-by the mother of the Petitioner in favour of the deceased 1st Defendant. The Petitioner filed I.A. No. 7 on 21.04.2009 under Section 151, Code of Civil Procedure, seeking leave of the Court to file replication to the written statement filed by the legal representatives of deceased 1st Defendant. The legal representatives of the 1st Defendant filed objections to I.A No. 7 on 30.05.2009. The Petitioner filed a memo on 06.02.2010 to treat I.A. No. 7 as one having been filed under Order VIII, Rule 9, Code of Civil Procedure The trial Court, upon consideration, did not find merit in I.A. No. 7 and hence the same was rejected. Aggrieved, the Plaintiff has filed this writ petition.

2. Sri H.S. Vivekananda, learned Counsel appearing for the Petitioner, firstly contended that, the trial Court has misread and misdirected itself wi