ORDER :

1. We have heard learned counsel for the parties and gone through the judgment and order dated 27.01.2005 passed by the High Court of Kerala in Writ Petition (C) No. 16782 of 2004(W).

2. The brief facts of the case indicate that a contract was entered into between the appellant and the respondent. The respondent cancelled the agreement on 06.03.1996 allegedly at the risk and cost of the appellant.

3. Feeling aggrieved by the cancellation of the agreement, the appellant preferred Original Suit No. 574/96 and Original Suit No. 575/96 in the court of Subordinate Judge, Thrissur challenging the termination of the contract and for consequential relief.

4. The respondent filed its written statement in response to plaint some time in the year 1997. Thereafter sometime in the year 2001, the respondent filed I.A. No. 5474/2001 and I.A. No. 5475/2001 seeking to amend the written statement and file a counter claim on 07.12.2001.

5. Learned trial judge considered the application and found that the counter claim was barred by limitation in view of the provisions of Article 55 of the Sche