This revision is directed against the order in I.A.No.364 of 2007 dismissing the petition filed under Order 8 Rule 9 CPC and declining permission to file Additional Written Statement. Defendants are the revision petitioners.

2. Respondent/Plaintiff - Maria Grace Benefit Fund Limited has filed the suit for recovery of Rs.5,84,000/- with subsequent interest and cost. The Petitioners/Defendants have filed their written statement on 06.09.2006. When the suit was taken up for trial and after filing of proof affidavit, Petitioners/Defendants have filed I.A.No.364 of 2007 under Order 8 Rule 9 CPC seeking to file Additional Written Statement. In the Additional Written Statement, Petitioners/Defendants have raised the point regarding competency of Fr. Jeganivasagar to file the suit.

3. Upon consideration of submissions, the learned I Additional District Judge has dismissed the petition observing that proof affidavit was already filed and that petition has been filed with a view to delay the trial proceedings. The learned Trial Judge also observed that if the petition is allowed, it will cause prejudice to the Respondent/Plaintiff.

4. Challenging the impugned order, the learned cou