Defendants 1 and 2 in O.S.No.147 of 1997 on the file of Subordinate Judge, Udhagamandalam have filed the present revision against the order passed in I.A.No.1251 of 1997.

2. When the revision was pending, the second petitioner in the revision died leaving the first petitioner and respondents 1 and 2 as her surviving heirs.

3. The first respondent filed a suit for partition in April, 1997 against the petitioners and second respondent herein seeking partition of her 1/4th share in the suit properties. The petitioners herein filed written statement in September, 1997.

4. The plaintiff filed application under Order VIII Rule 9 C.P.C read with Section 151 C.P.C seeking leave of the court to file subsequent pleadings by stating that the averments in the written statement are contrary to facts and there is need to clarify the position by filing subsequent pleadings. The defendants 1 and 2 filed counter statement contending that Order VIII Rule 9 C.P.C is intended for the defendants and the application filed under that provision by the plaintiff is misconceived and unsustainable. The learned Subordinate Judge granted leave holding that the application is maintainable. The same is