(1.) This application in revision filed by defendant 3 is directed against an order of the trial Court rejecting his application for amendment of the written statement by incorporating certain statements in the nature of a counter-claim.
(2.) Opposite parties 1 to 3 as plaintiffs filed Title Suit No. 5 of 1984 in the Court of the Munsif, Dhenkanal against the order of the Tahasildar, Dhenkanal, directing their eviction from the suit land. Defendants 1 and 2 as well as defendant 3 filed written statements denying the plaintiffs' claim of possession over the suit land and claiming the possession of defendant No. 3 The hearing of the suit commenced on 1908-1985 and was closed on 15-10-1985. Arguments were also fully heard on 5-11-1985, and 20-11-1985 was fixed for judgment. In the meantime, on 16-11-1985, defendant No. 3 filed an application for amendment of the written statement under the label of O.8, R.6A(1) of the Civil P.C. (for short 'the Code') with a prayer for addition of two paragraphs as paras 24 and 25 to the written statement reading as follows :-
(3.) When the revision application was taken up by a learned Judge of this Court and some decisions of this Court were cited in support of the Order of the trial Court, he entertained doubt regarding their correctness and referred the matter to the Division Bench. That is how it has been placed before us.