1. Defendant in O.S. 1499 of 1995 on the file of District Munsifs Court, Thiruvannamalal is the Revision Petitioner. Suit filed by plaintiff was orie for declaring his title to scheduled property and to recover possession from defendant. Profits were also claimed from defendant.

2. Defendant filed written statement on 2.2.1999. Thereafter, the suit was posted for trial in the list. Plaintiff was examined in chief and was cross-examined on two days. Thereafter, an application was filed by petitioner as I.A. 132 of 1999 to receive additional written statement. In the affidavit in support of the petition petitioner alleged about sub-division of the property, that he came to know only after filing earlier written statement and consequently, he seeks to file additional pleadings.

3. The same was seriously opposed by plaintiff by filing a counter.

4. By the impugned order, lower Court held that the case put forward in the affidavit is not true and no sufficient cause is shown for not taking the present contention in the earlier written statement. The application was dismissed and permission sought for was refused. The same is challenged in this Revision Petition.

5. In AIR 1958