RAZIA KHATOON Vs. SHAHUNUS

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present application is by the plaintiff against an order by which the trial Court has allowed the defendant second set to file a counter claim in the suit purporting to be in terms of Order 8, Rule 6(A) of the Code of Civil Procedure. The suit was filed in the year 2001 .The defendants had filed their written statement on 16.5.2002. They admittedly did not raise any counter claim therein. Issues were framed, the trial begun. Plaintiff examined his witness and closed his case. The defendant started his evidence which is disputed by the plaintiff. At this stage on 11.2.2004 an amendment to the written statement was sought for. The amendment was in the nature of a counter claim.

(3.) I , accordingly, set aside the impugned order and allow the civil revision application. It is however, observed that if otherwise permissible, the defendant is free to institute a separate proceeding for establishing his claim but he cannot be permitted to sabotage the present proceeding.