(1.) I have heard both sides.
(2.) THE facts, in brief, are that the petitioner is the plaintiff, who instituted a suit based on title. The respondent defendant filed a written statement in the suit.
(3.) VARIOUS decisions have been cited by both sides. The crux of the argument centers around the interpretation of the words "before the defendant has delivered his defence" as used in Order VIII Rule 6 -A (1).