DANTALURI VENKATAPATHI RAJU Vs. D.RAJESHWARI SIRISHA

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is directed against the order dtd. 2/8/2018 in I.A.No.72 of 2018 in O.S.No.71 of 2012, on the file of the VII Additional District Judge, Mahabubnagar, wherein the said application filed by the petitioner (defendant No.1), under Order VIII Rule 9 read with Sec. 151 of the Civil Procedure Code (in short, 'CPC') seeking to grant leave to file additional written statement, was dismissed.

(2.) Heard learned counsel for the petitioner as well as learned counsel for the respondent No.2. None appeared for respondent No.1. Perused the record.

(3.) Respondent No.1/plaintiff filed the suit O.S.No.71 of 2012 for specific performance of agreement of sale dtd. 22/3/2012 against the petitioner/defendant No.1 and respondent No.2/ defendant No.2. Defendant No.1 filed written statement. While so, the revision petitioner filed an application in I.A.No.72 of 2018 under Order VIII Rule 9 read with Sec. 151 CPC seeking to grant leave to file additional written statement. Respondent No.1/plaintiff reported no counter, while respondent No.2 filed counter affidavit inter alia denying the allegations in the petition. On a consideration of the material on record, the trial Court dismissed the said application vide orders dtd. 2/8/2018. Challenging the orders, the present revision is filed.