T. N. VALLINAYAGAM, J.

( 1 ) THIS CRP is preferred by the first defendant in OS 5/95 on the file of the Civil Judge (Jr. Divn.), Bilagi against the non-acceptance of the counter-claim in the said suit.

( 2 ) THE CRP arose out of O. S. 5/95, a suit for permanent injunction filed by the respondents herein restraining the petitioner not to obstruct their peaceful possession and enjoyment of the suit land. It is submitted by the petitioner that there was somedelay in filing the written statement and after taking permission from the Court, after the examination-in-chief was completed the statement was filed with a counter-claim under Order 8, Rule 6a praying for a decree for specific performance on the basis of an agreement of sale. The counter-claim was objected before the Court below on the ground of limitation and thus the CRP came to be filed challenging such an order.

( 3 ) THE order of the trial Court mentioned that on 7-3-1997 the case was opened and on 26-7-1997, the plaintiff recorded his evidence and closed his evidence on 10-11-1997 and the matter was posted for defendant's evidence. Two adjournments were granted on 17-11-1997 and 27-11-1997 for adducing the evidence, but the

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