DHARMESWAR BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) -I have heard Mr. A.C. Sharma, learned Counsel, appearing on behalf of the plaintiff-petitioner, and Mr. B.C. Choudhury, learned Government Advocate, appearing on behalf of respondent No. 1. I have also heard Mr. H.K. Deka, learned Senior Counsel appearing on behalf of respondent Nos. 2 and 3.

(2.) The material facts and various stages, which have given rise to the present writ petition, are not in dispute and may, in brief, be stated as follows :

(3.) It is submitted, on behalf of the plaintiff -petitioner, that the learned Trial Court has disallowed the plaintiff-petitioner's prayer for filing of written statement on a misconceived reading of the provisions of Order VIII. Rule 9 of the Civil Procedure Code (in short, the 'Code') inasmuch as the limitation of filing of the written statement within a period of 90 days by the defendant of a suit does not apply to written statement to be filed by the plaintiff to the counter-claim of defendant. This apart. it is contended, on behalf of the plaintiff-petitioner, that prayer for amendment of the plaint was allowed on 15.7.2004 and in this view of the matter, counter-claim ought to have been allowed to be filed by the plaintiff-petitioner, when the plaintiff-petitioner made a prayer, in this regard, on 29.11,2004.