- (1.) THE writ petition is admitted.
(2.) THIS writ petition has been pre ferred for issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 15-4-2000 and 14-10-1999 passed by the respondent nos. 1 and 2 respectively (Annexure Nos. 8 and 7 respectively ). By the order dated 15-4-2000, the ap plication for amendment of written state ment/counter claim under Order 6, Rule 17 C. P. C. (paper no. 265-A) filed by the defendant-respondent nos. 1 to 3 has been allowed on payment of cost of Rs. 250/- and the objection of the plaintiffs paper no. 268-C has been rejected. By the order dated 15-4- 2000 the revision preferred by the petitioner-plaintiffs has been rejected by the District Judge Nainital. The plaintiff-petitioners filed a Civil Suit No. 84 of 1988 for a decree of permartent injunction against the de fendant-respondent nos. 3 to 6. Written statement was filed in the suit, issues were framed and the suit was fixed for final hearing by the trial court. By the application paper no. 265-A, the defendant nos. 1 to 3 prayed for counterclaim on the ground that on /-9-1998, the plaintiffs and defendant no. 4 Bal Krishna Sanwal had entered into a compromise without the consent of codefendants, which necessitated the amendment in the written statement to file counter-claim in the suit. The appli cation was opposed by the plaintiff-pe titioners, who filed objection contending that the application has been moved at a highly belated stage to prolong the liti gation and that the application is mala fide and prejudicial to the interest of the plaintiffs. After hearing both the parties, the learned Civil Judge (Senior Division) Nainital allowed the application for counter claim on payment of costs of Rs. 250/- thereby permitted the defend ants to amend their written statement vide order dated 14-10-1999.
(3.) AGGRIEVED by the said order, the plaintiff-petitioners preferred revision (Civil Revision No. 21 of 1999) before the District Judge, Nainital, on the ground that the applicant-defendants had disclosed their defence and as such the cause of action in respect of which the counter-claim has been sought by paper no. 265-Ka was in the knowledge of the defendants from the very begin ning and the application was barred by the provisions of Order 8, Rule 6-A of the C. R. C. It was also contended that the trial court failed to exercise the ju risdiction vested in it by law by not re jecting the amendment application to amend the written statement of the re spondent nos. 3 to 5 at a highly belated stage when the statements of the plain tiffs had already been recorded in the suit. The learned District Judge by or der dated 15-4-2000 has dismissed the revision and confirmed the order passed by the learned Civil Judge (Senior Divi sion) Nainital holding that the counter claim can be filed even after filing of the written statement and that the grant of permission to amend the written state ment does not cause any prejudice to the rights of the plaintiffs.;