S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. The petitioner is Defendant No. 1 in Title Suit No. 11 of 1989 which was filed by Opposite Party Second set for declaration of title, recovery of possession and also for declaration that Defendant No. 1 was a monthly tenant as well as for arrears of rent.

3. This revision is directed against the order dated 26.2.1999 passed in the aforesaid suit by which the learned Subordinate Judge-II, Khagaria, allowed the prayer of defendant No. 3 (O.P. No. 1) for amendment of the written statement making counter- claim in the suit against defendant No. 1.

4. The learned counsel for the petitioner submits that the suit was filed in the year 1989 whereafter the defendant No. 1 Petitioner appeared and filed his written statement claiming his independent right and title over the suit property. Thereafter, Opposite Party No. 1 appeared in the suit and filed an intervention petition for impleading him as a party in the suit. The said petition was allowed and he was impleaded as Defendant No. 3 by order dated 16.2.1996, whereafter he filed his written statement on 25.3.1996.

5. The learned counsel for the petitioner further submits