- (1.) HEARD Sri S.K.Mehrotra, learned counsel for the petitioner. None appeared on behalf of the respondents.
(2.) WRIT petition is directed against revisional order dated 10th January, 2001 passed by VIIth Additional District Judge, Sultanpur allowing revision filed by Zila Panchayat permitting amendment in written statement sought under for counter-claim on the property in dispute. It is contended that Revisional Court has not considered that counter claim set up by respondent was highly barred by time and since under Order VIII, Rule 6-A(4) C.P.C., counter claims is to be treated as a plaint and governed by the rules applicable to plaints, it was incumbent upon Revisional Court to consider the same to find out counter claim set up by the defendant is within the period of limitation or not. Even otherwise, it is beyond the scope of Order VIII Rule 6-A as it was filed after evidence was already recorded and not before the defendant has delivered his defence as is the condition prescribed in sub rule (1) of Rule 6-A of Order VIII, C.P.C.
(3.) I find substance in the submission.;