JUDGMENT - SAVANT A.V., J.:—This Civil Revision Application filed by the original defendants in Special Civil Suit No. 34 of 1991, instituted by the respondents in the Court of the Civil Judge, Sr. Dn., at Kolhapur, raises two questions of law as under:

i) Whether the counter-claim under Order VIII, Rule 6-A of the Code of Civil Procedure must satisfy the conditions which govern the claim in the nature of a set off under Order VIII, Rule 6 of the Code of Civil Procedure?

ii) Whether such a counter claim can be raised under Order VIII, Rule 6-A of the Code of Civil Procedure after the written statement has been filed?

The Revision Application has been filed against the order dated 2nd December, 1987 rejecting the petitioners' application for amendment of the written statement.

2. On 16th March, 1981, the respondents/plaintiffs filed a suit claiming specific performance of an agreement of sale dated 2nd April, 1978 executed by the petitioners in their favour in respect of the land Gut No. 395 measuring 1 H. 66 R. situated at village Rangoli, Tal. Hatkanangale, District Kolhapur. The case of the respondents, as stated in the plaint, is very simple, viz., that there was an agreement of sa

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