The revision has been filed by the defendant in the suit challenging the order passed in I.A. No.508 of 2008 in O.S. No.942 of 2004, wherein the application filed by the petitioner seeking to file additional written statement was rejected on the ground of delay and on the ground that a new case cannot be introduced. Challenging the said order of the Court below, the revision has been filed.

2. The respondents herein filed a suit in O.S. No.942 of 2004 seeking the relief of permanent injunction. A written statement was filed by the petitioner and after the evidence of the plaintiffs as well as the petitioner side is over, the present application has been filed in I.A.No.508 of 2007 seeking permission of the Court to file additional written statement. The said application has been filed only on the ground that they have unearthed new documents only now.

3. The Court below has dismissed the said application primarily on the ground of delay and also holding that if a new case is introduced, the same would cause prejudice to the respondents. According to the learned counsel, only during the examination of P.W.1 and only when Ex.A1 was marked on the side of the plaintiffs, the