ORDER

The short question that arises for decision in this appeal is whether the application filed under Order VIII Rule 6A of the Code of Civil Procedure on 22.6.85 by the defendant-respondents in Civil Case No. 248/82 pending in the Court of learned Munsiff at Serampore was barred by the provision of Order VIII Rule 6A of the Code of Civil Procedure. By the impugned order, it has been held that such application was not barred under Order VIII Rule 6A of the Code of Civil Procedure because even after filing the written statement, such an application can be presented provided the cause of action for filing the counter claim had arisen before or after the institution of the said suit and such cause of action had continued till the filing of the written statement. It was sought to be contended by the appellant that once the written statement is filed, such application for counter-claim under Order VIII Rule 6A is ex facie barred.

2. In our view, the impugned decision does not warrant interference. Such question was specifically raised before this Court in Mahendra Kumar and Ors. v. State of Madhya Pradesh and Ors.1. It has been held by this Court that right to file a counter claim under