CHAMELA RAM Vs. HUKMA AND ANR

JUDGEMENT

(1.) The petition is directed against the order of the trial Court dated 28th March, 1987, whereby an application under Order 6 Rule 17 C.P.C. read with section 151 seeking permission for amendment of the written statement was allowed.

(2.) By way of amendment, the defendants wanted to put forward counter claim seeking an injunction against the plaintiff restraining him from interfering in their possession. The trial Court after considering the matter came to the conclusion that the provisions of Order 8 Rule 8 of the Code provide that any ground or defence which has arisen after the institution of the suit or the presentation of the written statement, claim for set off or counter claim my be raised by the defendants or the plaintiff.

(3.) The only argument raised on behalf of the plaintiff-petitioner is that after having filed the written statement earlier he could not be permitted to put up a counter claim. He referred to Order 8 Rule 6-B of the Code in this behalf which provides that "where any defendant seeks to rely upon any ground as supporting a right of counter claim, he shall in his written statement, state specifically that he does so by way of counter-claim". He also referred to Bank of Baroda, New Delhi v. Gurcharan Singh, 1986 89 PunLR 46 to support his contention.