- (1.) This solitary point involved in this revisional application is whether the defendant can be permitted to bring counter claim in the written statement by way of amendment when cause of action for such counter claim arose after the filing of the written statement.
(2.) The challenge is made to an order dated 15th December 2014 passed by the learned Civil Judge (Junior Division), Third Court, Sealdah in title Suit No. 208 of 2009 rejecting an application for amendment of the written statement incorporating counter claim. Though the Trial Court did not have the occasion to consider the point enumerated herein above but the said legal point is agitated at the bar which this Court feels assume importance and, therefore, allowed the respective counsels to address the Court on the said legal point.
(3.) Admittedly the plaintiff/opposite party instituted a suit for declaration of his title in respect of the suit premises and recovery of possession against the defendant/petitioner alleging that he illegally and forcibly trespassed into the suit premises on 18.03.2009. The plaint was presented before the Trial Court on 17.06.2009 and the defendant after entering appearance filed the written statement on 28.4.2010. Indisputably, the defendant did not make any counter claim at time of delivering the defence by way of written statement. The counter claim is sought to be incorporated in the written statement by amendment under Order 6, Rule 17 of the Code.;