- (1.) HEARD learned counsel for the petitioner and perused the impugned order dated 14. 12. 2004 (Annexure-2 ).
(2.) BY the impugned order, the application submitted by the plaintiff for taking on record the counter claim on 04. 11. 2004 after the written statement was filed by the defendant on 02. 06. 2004 has been allowed.
(3.) THE submission of the learned counsel for the petitioner is that the time for filing the written statement being ninety days, the time of more than ninety days ought not to have been allowed for filng the counter claim. During the course of hearing, learned counsel for the petitioner could not dispute the fact that after the judgment of the Hon'ble Supreme court in the case of Salem Advocates' Bar Association, tamil Nadu Vs. Union of India reported in 2005 JT (1)SC 486 the provisions of Order 8 Rule 1 C. P. C. in relation to the filing of written statement have been held to be directory and not mandatory.;