NIMAI MONDAL Vs. BIMAL KRISHNA MONDAL

JUDGEMENT

(1.) Orders impugned passed by the learned Civil Judge, Junior Division, 4th Court at Alipore allowing application for amendment of written statement and also to add counter-claim in the order dated 2nd November, 2011 and thereafter rejection of review by order dated 6th March, 2013 are under challenge in this revisional application.

(2.) Learned Counsel appearing for the petitioner submitted that the learned Court below ought to have considered the provisions under Order 8 Rule 6A of the Code of Civil Procedure. He submitted that the counter-claim by the defendant should be filed before filing written statement or before any time specified for filing written statement.

(3.) Learned Counsel submitted that the learned Court below failed to appreciate that the defendant took recourse of amendment of pleadings to place his counter-claim before the learned Court below. He submitted that the learned Court below misdirected itself and inflicted grave miscarriage of justice to the plaintiff.