(1.) THE defendant in O. S. No. 127 of 1962 on the file of the District Munsif's court, Turaiyur is the petitioner herein. He files this revision petition against the order of the learned District Munsif, Turaiyur in I. A. No. 84 of 1963 in the aforesaid suit, an application filed under O. VIII R. 9 C. P. C. seeking to file an additional written statement which prayer was refused by the learned District munsif.
(2.) THE plaintiff alleged that he was the owner of the suit property and had perfected title by adverse possess in against the co-sharers. He had leased the said property to the defendant, who had put-up a hut on the leased portion. The lease period had terminated and the plaintiff filed the suit for declaration of his title and for recovery of possession. Originally the defendant pleaded that the plaintiff had no right to sue without impleading the other co-sharers. Subsequently, the defendant filed a petition to file an additional written statement in which he claimed to have purchased the site on which he had put up the hut from one of the co-sharers, subsequent to the date of the plaint. This petition was filed under O VIII R. 9 C. P. C. The learned District Munsif refused to receive the additional written statement and dismissed the petition. The defendant has filed this civil revision petition against the above order.
(3.) LEARNED counsel for the petitioner referred to the decision of a Full Bench of this court in Sundaram Iyer. In re. where it was observed: