DURYODHAN SAHU Vs. ANIL KUMAR AGRAWALA

JUDGEMENT

(1.) PLAINTIFF in Title Suit No. 65 of 1992 of the Court of 2nd Addl. Civil Judge (Sr. Division), Cuttack has preferred this revision against the order passed on 17.8.2000 in allowing amendment of the written statement of the defendants/opposite parties for introducing a counter claim in accordance with the provision under Order 8, Rule 6 -A, CPC.

(2.) AS noted in the impugned order, plaintiff has filed the suit for right, title, interest and possession on the basis of his claim of adverse possession over the suit house which the defendants claim to have purchased from the true owner along with the adjoining premises, The purchaser/ defendants have filed their written statement disputing to the claim of right, title, interest and possession advanced by the plaintiff. They have also pleaded that by sheer use of force plaintiff has tried to interfere with the possession of the purchaser -defendants. While the matter stood thus, on 8.3. 2000 defendants filed application for amendment of the written statement to set up their counter claim under Order 8. Rule 6 -A, CPC claiming the relief of possession for the adjoining premises of the suit house. According to the facts noted in the impugned order, to avoid multiplicity of litigations with respect to said vacant premises such dispute should be adjudicated in the same suit, and that is how learned Civil Judge (Sr. Division) allowed the application entertaining the counter claim. The application was allowed subject to payment of cost of Rs. 200/ - (two hundred).