(Petition filed under Article 227 of the Constitution of India against the order passed in I.A.No.1232 of 2004 in O.S.No.816 of 2004 on the file of the Principal District Munsif, Erode dated 6.10.2004.)

The suit came to be filed by the respondent as plaintiff originally before the Sub Court, Erode in O.S.No.103/2002 for recovery of the advance amount said to have been paid to the defendant quantifying the claim at Rs.53,133/-. Subsequently due to the change of pecuniary jurisdiction, the case was transferred to the District Munsif Court, Erode and numbered as O.S.No.816 of 2004.

2. Before the transfer of the case to the District Munsif, as submitted by the learned counsel for the respondent, the trial commenced before the Sub Court on 1.12.2003 and the plaintiff's evidence was closed on 28.6.2004. Thereafter, when the case was posted for adducing defendant's witness, the defendant has filed a petition invoking Order VIII Rule 6A C.P.C. to file additional written statement raising counter claim, which was opposed. The objection was accepted, resulting dismissal of I.A.No.1232 of 2004, giving cause of action for this revision petition.

3. The learned counsel for the revision