THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.No.1950 of 2010 ORDER: Respondent No.1 filed O.S.No.1333 of 2002 in the Court of the Additional Judge, City Small Causes Court-cum-VI Senior Civil Judge, City Civil Court, Hyderabad, against respondents 2 to 8 and the petitioner (defendant No.2), for the relief of partition and separate possession of the suit schedule property. The petitioner alone is contesting the suit and he filed a written statement. The trial of the suit is in progress. The petitioner filed I.A.No.270 of 2009, under Order VIII Rule 9 read with Section 151 C.P.C., with a prayer to permit him to file additional written statement. The facts intended to plead in written statement were also broadly indicated. The application was opposed by respondent No.1. The trial Court dismissed the I.A., through order, dated 09.02.2010. Hence, this revision. Heard Sri S.R.Sanku, learned counsel for the petitioner, and Sri Mohd.Ghulam Hussain, learned counsel for respondent No.1. In the ordinary course of things, the pleadings of the parties are in the form of a plaint filed by the plaintiffs and the written statement filed by the defendants. Issues are framed and the trial is conducted by taking into account the respective pleadings. Rule 9 of Order VIII C.P.C. prohibits any pleading subsequent to the filing of written statement, except with the leave of the Court. An exception is when the defendant pleads set off, or counter-claim, and it shall be open to the plaintiff to offer his defence to the same. Further, it is not necessary for a defendant to seek permission of the Court to file additional written statement, in case the plaint is amended. However, the additional written statement shall be confined to the amendment caused to the plaint. With the filing of plaint and written statement, the area of controversy between the parties comes to be demarcated in the form of issues. If any subsequent pleadings are filed by the plaintiff, or the defendant, the contours of litigation may change. Therefore, the law discourages filing of subsequent pleadings. There may be instances where certain developments take place during the pendency of the suit, and if it becomes necessary to make them as part of the pleadings. The parties may choose the device of filing of application to amend the pleadings or to supply subsequent pleadings. In case the Court finds it necessary, it may order them with or without any conditions. Apart from that, in certain cases, the Court may itself, require the parties to file subsequent pleadings, or written statements, as the case may be, if the same is felt necessary. If an attempt made by a party to amend the pleadings did not fructify, he cannot choose the route of filing of subsequent or additional pleadings. The principle that, ‘what is not permissible to be done directly, cannot be permitted to be done indirectly’, gets attracted. In the instant case, the petitioner on an earlier occasion filed I.A.No.350 of 2008, under Order VI Rule 17 C.P.C., for permission to amend the written statement by incorporating the plea, as to the alleged oral gift and memorandum of gift, in relation to the suit schedule property. That I.A. was dismissed, on 15.06.2009 and the order became final. Thereafter, he filed I.A.No.270 of 2009 under Order VIII Rule 9 C.P.C. On an earlier occasion, the I.A. was allowed on 18.11.2009. The respondent filed C.R.P.No.5652 of 2009. The revision was allowed on 04.12.2009 and the matter was remanded to the trial Court. The relevant provisions of law and the decided cases were taken into account and the I.A. was dismissed. Once it emerges that the attempt made by the petitioner to amend the written statement by incorporating a particular plea did not fructify, he cannot be permitted to raise that very plea by filing additional written statement. The trial Court has taken the correct view of the matter. This Court is not inclined to interfere with the same. The C.R.P. is accordingly dismissed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:17.08.2010 GJ