The Hon’ble Sri Justice B.Prakash Rao Civil Revision Petition No.3711 of 2008 Order: Petitioner, who is the plaintiff in O.S.No.1125 of 1997, invokes this Court’s jurisdiction under Article 227 of the Constitution of India inter alia seeking to assail the correctness of order, dated 08-08-2008, passed by the learned IX Additional Senior Civil Judge, City Civil Court (FTC), Hyderabad, allowing IA.No.301 of 2008 in OS.No.1125 of 1997, purported to have been filed under Order VIII Rule 9 read with Section 151 of the Civil Procedure Code, 1908 (for short ‘the CPC’) by the respondents, who are defendant Nos.2 and 3 in the said suit, seeking leave to file additional Written statement. The Court below taking into account various facts and circumstances of the case allowed the same. Hence, the petitioner/plaintiff filed the present Civil Revision Petition. The learned Counsel appearing for the petitioner relied on order, dated 30-06-2008, passed by the learned XI Additional Senior Civil Judge, Hyderabad, dismissing an earlier application in IA.No.183 of 2008 in OS.No.1125 of 1997, filed by the respondents herein, seeking permission to file written statement, and submitted that the respondents, having filed a memo adopting the written statement filed by the deceased defendant, cannot file any fresh additional written statement. Having considered the aforesaid submissions made by the learned Counsel for the petitioner and having perused the entire material available on record, it is to be seen that in order, dated 30-06-2008, in IA.No.183 of 2008, the Court below observed that the respondents herein can seek permission of the Court to file additional written statement under Order VI Rule 9 CPC, but they are not entitled to file written statement once again. Irrespective of the fact as to the entitlement or otherwise of the respondents to defend their case by way of additional written statement, the impugned order only amounts to the exercise of discretion, which does not warrant any interference of this Court under Article 227 of the Constitution of India. It is, however, open for the petitioner herein to raise all objections with regard to the various pleas, raised by the respondents in the additional written statement, by filing appropriate rejoinder, which shall be considered on merits. In view of the same, the Civil Revision Petition is dismissed. However, the petitioner is permitted to file his rejoinder within a period of four weeks from today. Within a period of three months thereafter, the main suit itself shall be disposed of. There shall be no order as to costs. _______________ B.Prakash Rao, J Date: 19-08-2010 lur