JAGDISH PRASAD CHOWDHARY Vs. NIRSU SINGH

JUDGEMENT

(1.) The Plaintiff has by this revision application challenged the order passed by the court below accepting the; additional written statement of the defendants and treating it as a counter claim under Rule 6A of Order 8 of the Code of Civil Procedure. The suit was filed as long back as in 1967 for declaration of the plaintiff's title and recovery of possession of the land. Summonses were issued to the defendants to appear and answer the claim by 30-6-1967 and the defendants appeared on 25-7-67 and filed written statement on 9-12-1967 and issues were framed. The hearing of the suit was also taken up in 1974, but could not be completed as the defendants filed a petition for permission to file a supplementary written statement. The matter ultimately came to this Court in revision and the further hearing consequently was delayed. Even after the disposal of the civil revision application, the hearing remained suspended for sometime as the defendants filed an application for transfer of the suit. However, ultimately, on 4-3-78, the defendants filed another petition for allowing them to file a second additional written statement making a counter claim on the allegation that they have been dispossessed by the plaintiff from a portion of a plot of land on 27-9-1977. In spite of objection, the Court has allowed the prayer. It may be staled here that the earlier additional written statement filed by the defendant was not in connection with the alleged cause of action mentioned in the present second additional written statement.

(2.) The learned counsel for the petitioner has raised several points in support of this revision application, but it does not appear necessary to state or discuss them as the revision application has to be allowed on a simple ground mentioned below.

(3.) The Rule 6A of Order 8 of the Code of Civil Procedure has been introduced in the Code by recent amendment and the Sub-rule (1) provides that a defendant in a suit may, in addition to his right of pleading a set-off under Rule 6, set up, by way of counter claim against the claim of the plaintiff any right or claim in respect of a cause of action according to the defendant against the plaintiff "either before or after the filing of the suit, but before the defendant has delivered his defence or before the time limited for delivering his defence has expired."