ABDUL SATTAR Vs. M. KHALID

JUDGEMENT

(1.) This petition is filed seeking the following reliefs:

(2.) Sri.Ravishankar Shastry G., learned counsel appearing for the petitioner submits that the petitioner filed O.S.No.504/2013 against the respondents herein seeking relief of permanent mandatory injunction and in the said suit, belated application is filed seeking amendment of the written statement raising counterclaim against the petitioner which came to be allowed by the trial Court under the impugned order.

(3.) It is submitted that the trial Court has not considered the effect of Order 8 Rule 6A of CPC in allowing the application. It is further submitted that the counterclaim can be made in a pending suit along with written statement or within the time stipulated to file the written statement. The time for filing a written statement is 90 days from the date of service of the summons. However, the trial Court allowed the application for amendment of the written statement and counterclaim after concluding the evidence of the petitioner and then the matter was posted finally for the defendants evidence. Such exercise taken by the trial Court is contrary to the law laid down by the Hon'ble Supreme Court in the case of Ashok Kumar Kalra v. Wing Commander Surendra Agnihotri and Others,(2020) 2 SCC 394. Hence, he seeks to allow the petition by setting aside the impugned order and rejecting the application for amendment of written statement.