- (1.) I have heard both sides.
(2.) THE facts, in brief, are that the petitioner is the plaintiff, who instituted a suit based on title. The respondent defendant filed a written statement in the suit. Later after the filing of the written -statement, the respondent defendant had sought to set -up a counter claim which was not entertained by the Trial Court. Subsequently, after the closure of the plaintiff's evidence and after part of the defendant's evidence had been recorded, which part consists of as many as ten witnesses from the defendant's side, again a counter claim was sought to be set -up. This time, the counter claim was entertained by the Trial Court for adjudication. The plaintiff petitioner has, therefore, approached this Court by way of this writ petition.
(3.) VARIOUS decisions have been cited by both sides. The crux of the argument centers around the interpretation of the words "before the defendant has delivered his defence" as used in Order VIII Rule 6 -A (1).;