judgment

S.B. Sinha, J. —

1. Leave granted.

2. Whether a counter claim is permissible to be filed after filing of a written statement, is the core question involved herein.

3.Appellant filed a suit against the respondent claiming title and possession over the property in suit. Their names were mutated in the revenue record of rights. Respondents had filed a suit against the appellant which was marked as O.S. No. 67 of 1996. An order of interim injunction was passed therein on the premise that he under the garb of ex-parte interim injunction started making attempts to interfere with the possession of the appellant in the scheduled properties.

4.O.S. No. 54 of 1997 was filed in the Court of Civil Judge, Senior Division at Virajpet on 19.2.1997. Respondent filed a written statement on 21.3.1997 contending that he had purchased the said properties in terms of an order passed by the Assistant Registrar of Cooperative Societies, Kodagu, Madikeri.

5. On or about 4.1.2006, inter alia on the premise that the plaintiffs have dis-possessed the respondents in the year 1998, an application for leave to file counter claim was filed. In the said counter claim, it was contended that the land be