HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 2766 OF 2010 ORDER : This Civil Revision Petition has been filed aggrieved by the Order dated 17.06.2010 passed in I.A.No. 529 of 2010 in O.S.No. 227 of 2008 by the II Additional District Judge, Guntur. Petitioner herein is the defendant in the Suit viz., O.S.No. 227 of 2008, who preferred I.A 529 of 2010 under Order 8 Rule 6 of CPC to receive additional written statement on the ground that the contents of the additional written statement now sought to be filed were not mentioned in the written statement filed by him due to typographical mistake. That application was dismissed holding that no party can be permitted to improve their pleadings after the other party has completed its evidence basing on that evidence. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the Court below ought to have considered the request of the petitioner-third defendant and to receive the additional written statement on behalf of him. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. As seen from the record, the petitioner herein filed a petition under Order 8 Rule 6 of CPC and the relief sought does not cover the rule position mentioned in CPC. For ready reference Order 8 rule 6 of CPC is extracted hereunder: “6. Particulars of set off to be given in written statement: (1) Where in a suit for the recovery of money the defendant claims to set off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff’s suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set off. (2) Effect of set off: the Written statement shall have the same effect as a plaint in a cross-suit so as to enable the court to pronounce a final judgment in respect both of the original claim and of the set off but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree. (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a claim of set off.” Be that as it may, in this particular case, trial was commenced and the evidence on behalf of the plaintiffs was closed, therefore, if the additional written statement is sought to be taken on file, lot of prejudice would be caused to the respondents herein. Therefore, the Court below rightly dismissed the application filed and I see no reasons to interfere with the order passed by the Court below and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 01.04.2011 KA