Judgement

DUTT, J.:- This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court, whereby the High Court affirmed the order of the District Judge, Bhopal, dismissing the counter claim by the appellants on the ground that it was barred by S. 14, Treasure-Trove Act, 1878, hereinafter referred to as the Act. The High Court also held that the counter-claim was not maintainable under sub-r. (1) of R. 6A, O. VIII of the Code of Civil Procedure, as the same was filed by the appellants after the filing of the written statement.

2. The predecessor-in-interest of the appellants, namely, Babulal, purchased a house in Bhopal in the year 1947 from the sons of one Mannulal. The appellants and the respondents 6 to 8 are the sons of the other three brothers of Mannulal. In the year 1976, respondents 2 to 5, who were the heirs and legal representatives of the said Babulal, started reconstructing or renovating the house and for that purpose they commenced digging the plinth. In the course of digging, a treasure consisting of gold and silver ornaments and also Government currency notes amounting to Rs. 2,900/- was found. The respondents 2 to 5 intimated the discovery