- (1.)The petitioners call in question the legality and propriety of the order dated 1.11.2006 passed by the learned Civil Judge (Jr. Divn.), Jagatsinghpur in T.S. No.435 of 2001 whereby and whereunder, the learned trial court allowed the application of the defendant for amendment of written statement and accepted the counterclaim.
(2.)The petitioners as plaintiffs instituted a suit for permanent injunction and mandatory injunction impleading the opposite party as defendant in the court of the learned Civil Judge (Jr. Divn.), Jagatsinghpur, which is registered as T.S. No.435 of 2001. Pursuant to issuance of summons, the defendant entered appearance and filed written statement on 20.6.2002. While the matter stood thus, the defendant filed an application for amendment of written statement along with counter-claim on 7.8.2006. The plaintiffs filed objection to the same. Learned trial court came to hold that the proposed amendment is necessary for determining the real questions in controversy between the parties. It was further held that a counter-claim by the defendant can be filed provided the cause of action had accrued to him before he had delivered his defence or before the time limited for delivering his defence has expired. The counter-claim can be raised by filing amendment petition even after filing of original written statement. Having held so, the learned trial court allowed the application for amendment of the written statement and accepted the counter-claim.
(3.)Head Mr. B. Pattnaik, learned counsel for the petitioners and Mr. R.K. Mohanty, learned Senior Advocate for the opposite party.