JUDGMENT :

Manoj Kumar Gupta, J.

The instant petition is directed against the order dated 1.5.2019 passed by Additional District Judge, Court No.7, Varanasi in Civil Revision No.24 of 2018. The revision has been allowed and the order of the trial court dated 10.1.2018, permitting the petitioners to file counter claim along with additional written statement has been set aside. The reivisional court has directed the trial court to decide the application 166-C afresh.

2. The husband of petitioner no.1 and father of petitioners no.2 to 4 was defendant no.4 in Original Suit No. 276 of 2008. It is not in dispute that he filed a written statement on 6.4.2009. He died on 8.4.2013 during pendency of the suit. The petitioners were substituted in his place by order dated 11.4.2014. After their substitution, the petitioners filed application 166-C for permission to file additional written statement alongwith counter claim. The trial court allowed the application for taking on record additional written statement along with counter claim by order dated 10.1.2018 observing that the petitioners, who came on record by way of substitution, did not have the opportunity to file counter claim earlier, t