THE HON'BLE MR JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No:5911 OF 2009 ORDER: This Civil Revision Petition is directed against the order, dated 30.06.2009, in I.A.No.5 of 2008 in R.C.C.No.6 of 2003 on the ﬁle of the learned Principal Junior Civil Judge, Anakapalle, wherein the said application ﬁled by the petitioner herein- tenant seeking permission to ﬁle additional counters under Order VIII Rule 9 CPC, was dismissed. 2. Heard learned counsel for the petitioner. None appeared for the respondent. Perused the records. 3. Respondent herein ﬁled the petition for eviction against the petitioner in R.C.C.No.6 of 2003 on the ground of wilful default in payment of rents and other grounds. Petitioner herein ﬁled counter contesting the said application. The enquiry was commenced and recording of evidence is in progress. At that stage, petitioner ﬁled I.A.No.5 of 2008 seeking permission to ﬁle additional counter to the eﬀect that the Rent Controller has no jurisdiction to entertain the application. It is stated in the petition that there was an agreement to pay rent @ Rs.1200/- per month and again it is stated that the said agreement is invalid. It is further stated in the aﬃdavit, ﬁled in support of the application, that P.W.1 in the cross-examination has admitted that the monthly rent is Rs.1200/- per month. Thus according to the petitioner herein-tenant the Rent Controller has no jurisdiction. He seeks permission to ﬁle an additional counter on the ground that he could not ﬁle the same earlier because of the inconsistent pleas taken by the landlord in the eviction petition and the same was clariﬁed only in evidence by way of his admission in the cross- examination. The learned Rent Controller dismissed the application mainly on the ground of delay as according to the petitioner the landlord has taken a deﬁnite stand about the quantum of rent only at the time of evidence. It is considered that an opportunity can be given to the petitioner herein to ﬁle additional counter, raising the plea of jurisdiction as it could not cause any prejudice to the respondent-landlord. It is open to the respondent-landlord to ﬁle a rejoinder in response to the additional counter and also adduce further evidence, if any, he chooses to. In the circumstances, with a view to give opportunity to both sides to place all their pleas and counter- pleas on record so that the dispute can be comprehensively adjudicated upon, it is considered that the petitioner herein can be permitted to ﬁle additional counter with liberty to the respondent as stated above. The impugned order, dismissing the application, is accordingly set aside and consequently I.A.No.5 of 2008 stands allowed. 4. In the result, Civil Revision Petition is allowed. ______________________ G.V.SEETHAPATHY,J 02nd December, 2011. Tsy