(This petition is preferred under Article 227 of the Constitution of India against the fair and executable order passed in IA No.106 of 2005 in OS No.18 of 2004 by the learned II Additional District Munsif, Dindigul on 28.2.2005.)

The plaintiff is the revision petitioner.

2. The revision petitioner has filed a suit against the respondent/defendant for recovery of possession of the suit property with certain ancillary relief in respect of certain immovable property, which was opposed by the defendant by filing a written statement, at the first instance, dated 3.8.2004.

3. The parties went on trial on the basis of pleadings. It is an admitted position that examination of P.W.1 is on progress and it is reported, he has to be cross examined. At that stage, the defendant has filed a petition under Order 8 Rule 9 CPC, seeking permission of the court to file additional written statement, raising certain pleas, which were not taken in the original written statement.

4. The trial court, receiving objections for that application, namely IA No.106 of 2005 and by going through the provisions of law, after hearing either side, felt that there is no bar for receiving the additional writ