(1.) The defendant/petitioner has filed the instant application under Article 227 of the Constitution of India challenging the propriety of an order dated 18th February, 2010 passed by the learned Civil Judge, Senior Division, Fourth Court at Alipore, in Title Suit No. 114 of 2008 by which the defendants prayer for grant of leave to file additional written statement for raising counter claim under Order 8 Rules 6 and 6A read with Section 151 of the Code of Civil Procedure, was rejected on contest without cost.
(2.) Heard the learned Advocate of the parties. Considered the materials on record including the order impugned.
(3.) Let me consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instance case.