Defendant in O.S. 7118 of 1996 on the file of II Assistant City Civil Judge, Madras is the revision petitioner.

2. Respondent herein filed a suit for specific performance in December 1990 and petitioner filed written statement in July. 1992. Thereafter, the case was included in the list and plaintiffs evidence was also closed. When the case was posted for defence witnesses, an application was filed to receive additional written statement in March, 1999. By the impugned order, lower Court dismissed that application. Lower court refused to grant leave holding that the Same is filed at belated stage and no reason is given why this contention could not be raised, in the earlier written statement. The same is under challenge in this revision petition under Section 115 of Code of Civil Procedure.

3. I heard the learned counsel for petitioner.

4. Order 8, Rule 9 of Code of Civil Procedure reads thus,

“No pleading subsequent to the Written Statement of a defendant other than by way of defence to a set-off (or counter-claim)” shall be presented except by the leave of the Court and upon such terms as the Courts thinks fit, but the Court may at any time require a written statement o