RAGHUBIR SINGH Vs. TAJINDER PAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 15.1.2007 passed by the learned Civil Judge ( Jr. Divn.), Karnal allowing the application moved by the defendant/respondents under Order 6 Rule 17 C.P.C. to amend their written statement, so as to incorporate the relief of counter claim.

(2.) THE respondent/defendants by way of counter claim sought to raise counter claim to seek relief of redemption of mortgage.

(3.) THE learned counsel for the petitioner challenged the impugned order primarily on the ground that under Order 8 Rule 6-A of the Code of Civil Procedure it was not open to the defendant/respondents to file a counter claim after the filing of the written statement, as the cause of action, if any, had accrued to the defendant/respondents prior to filing of written statement.