JAYANTI PRASAD NAUTIYAL Vs. KAMLA NAND BAHUGUNA

JUDGEMENT

(1.) BY the impugned order dated 25-7-2008 passed by the learned District judge, Dehradun, the revision petition filed by respondent No. 1 against the order dated 23-4-2008 passed by the Trial Judge was allowed. Vide the order dated 23-4-2008, the learned Trial Court had allowed the petitioner's application for amendment of the written statement to incorporate the petitioner's counter-claim in the written statement. The learned District Judge while setting aside the aforesaid order rejected the said application.

(2.) SOME relevant and important dates and events may be noticed. The suit was filed on 12-11-2002. The original written statement was filed on 29-11-2003. The issues were framed on 13-8-2007 and the evidence of the plaintiff by way of affidavits was filed on 30-8-2007. The application for amendment of written statement under Order 6 rule 16 C. P. C. to incorporate the counter claim was filed on 5-3-2008.

(3.) FIRST and foremost, the question which arises for consideration in this case is whether it is open under law to a defendant to file a counter-claim by way of and through an amendment of a written statement. In other words, is it permissible under law, after a written statement has originally been filed, to amend the same subsequently for incorporating a counter claim therein?