The Plaintiff in O.S. No. 872 of 1996 before the II Additional District Munsif, Tirunelveli is the revision petitioner herein. The Plaintiff has filed the said suit for a declaration to declare that he is the adopted son of Late. Chockalinga Chettiar and his wife namely Kothai Achi, respondent herein. In the said suit examination of the witnesses of both sides were over and the case was posted for arguments. At that time, the respondent herein has filed an application I.A. No. 76 of 2002 under Order VIII Rule 9 CPC seeking permission of the Court to receive the additional written statement. The trial court, after hearing both sides has allowed the said petition, hence this revision.

2. Heard both sides. Mr. Srinivas, learned counsel appearing for the petitioner submitted that the trial court exceeded its jurisdiction and permitted the respondent to file her additional written statement without satisfying the requirements under Order 8 Rule 9 CPC; that the trial court failed to note the scope and power of the Court conferred under Section 21 of CPC; that the trial court completely overlooked that the respondent has submitted to the jurisdiction, hence estopped from quest