N.K. Mody, J.

1. Being aggrieved by the order dated 15-4-2009 passed by ADJ, Jaora, District-Ratlam in civil suit No. 24-A/2007 whereby the application filed by the Respondent No. 2 under Section 151 of Code of Civil Procedure was allowed with a liberty to Respondent No. 2 to file a fresh written statement, the present petition has been filed.

2. Short facts of the case are that Respondent No. 1 filed a suit for specific performance against the Petitioner and rest of the Respondents. In the said suit a joint written statement was filed by the Petitioner and Respondent No. 2 wherein the allegations made in the plaint were denied. Later on an application was filed by the Respondent No. 2 wherein it was alleged that signatures have wrongly been obtained from the Respondent No. 2 in the written statement jointly submitted by Petitioner and Respondent No. 2. It was alleged that fraud was played over the Respondent No. 2. It was prayed that Respondent No. 2 be permitted to withdraw the written statement with liberty to file a fresh written statement. The application was opposed by the Petitioner. After hearing the parties learned trial Court allowed the application filed by the Res