JUDGMENT :-

(Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order passed in I.A.No.14171 of 2016 in I.A.No.9504 of 2016 in O.S.No.4000 of 2016, dated 07.11.2016 and consequentially, allow the petition.)

1. This Civil Revision Petition has been filed by the petitioners/defendants 2 to 4 challenging the order passed by the learned Ist Assistant Judge, City Civil Court, Chennai in I.A.No.14171 of 2016 in I.A.No.9504 of 2016 in O.S.No.4000 of 2016 dated 07.11.2016, in and by which, the learned Judge has dismissed the Interlocutory Application filed by the petitioners/defendants 2 to 4 under Section 94(e) and 151 of C.P.C to permit them to file an additional counter in I.A.No.9504 of 2016, filed by the first respondent/plaintiff.

2. Heard the learned counsel for the petitioners and perused the materials placed before this Court. None appeared on behalf of the respondents.

3. The brief facts of the case are as follows:

The first respondent/plaintiff has filed a suit in O.S.No.4000 of 2016 before the City Civil Court, Chennai, for the following reliefs:

(a) permanent injunction restraining the defendants or their men, agent(s), nominee(s), legal representative(s) or any one claiming through them from dispossessing by way of creating any kind of encumbrance by means of any kind transfers to any third parties till the expiry of the lease agreement dated 01.06.2016; and

(b) declaration to declare that the defendants 2 -4 has no right or interest in the suit schedule property; and

(c) Cost for this suit.

3.1. While the aforesaid suit is pending, the first respondent/plaintiff has filed an Interlocutory Application in I.A.No.9504 of 2016, seeking for an interim injunction by restraining the respondents/defendants, their men, agent(s), servant(s), heir(s), administrator(s) and assign(s) or any one claiming through them either directly or indirectly from dispossessing the petitioner and also from interfering in the peaceful possession and enjoyment of his suit schedule property and also from creating any kind of encumbrance in order to affect his title to the suit properties till the disposal of the suit.

3.2. The second respondent/first defendant and the petitioners/defendants 2 to 4 have filed their counter affidavit in I.A.No.9504 of 2016, on 03.09.2016 & 21.09.2016 respectively. While so, the trial Court directed the petitioners/defendants 2 to 4 to file an Application under Section 94(e) and 151 of C.P.C, seeking a permission to file an additional counter affidavit in I.A.No.9504 of 2016. As directed by the trial Court, the petitioners/defendants 2 to 4 have filed an Interlocutory Application in I.A.No.14171 of 2016 for the aforesaid relief, however the same was dismissed vide order dated 07.11.2016. Challenging the said dismissal order, the petitioners/defendants 2 to 4 have come up with the present Civil Revision Petition.

4. In the present case, the petitioners/defendants 2 to 4 have already filed a detailed counter affidavit in I.A.No.9504 of 2016, however, they wanted to file an additional counter affidavit since the charges made by the second respondent/first defendant against them, is sought to be refuted in the additional counter affidavit. They have also filed their additional counter affidavit but they were directed by the trial Court to file a necessary Application to receive their additional counter affidavit. Hence, they have filed I.A.No.14171 of 2016.

5. From a perusal of the order passed by the learned Ist Assistant Judge, City Civil Court, Chennai in I.A.No.14171 of 2016 dated 07.11.2016, it is seen that the petitioners/defendants 2 to 4 filed their counter statement in I.A.No.9504 of 2016 and two exhibits viz., Ex.P1 & Ex.P2 were marked on the side of the petitioners/defendants 2 o 4 and three exhibits viz., Ex.R1 to Ex.R3 were marked on the side of the second respondent/first defendant. It is also seen that the petitioners/defendants 2 to