1. Heard the parties.

2. The present application is by the plaintiff against an order by which the trial Court has allowed the defendant second set to file a counter claim in the suit purporting to be in terms of Order 8, Rule 6(A) of the Code of Civil Procedure. The suit was filed in the year 2001 .The defendants had filed their written statement on 16.5.2002. They admittedly did not raise any counter claim therein. Issues were framed, the trial begun. Plaintiff examined his witness and closed his case. The defendant started his evidence which is disputed by the plaintiff. At this stage on 11.2.2004 an amendment to the written statement was sought for. The amendment was in the nature of a counter claim.

3. Having heard the counsel and considered the matter with reference to Order 8 Rule 6(A) of the Code of Civil Procedure it is no doubt correct that a counter claim as per the provision of Order 8 Rule 6(A) of the Code of Civil Procedure is required to be filed alongwith written statement. This as been held by the Apex Court not to mean that it cannot be filed subsequently or separately. This does not mean that the counter claim can be filed at any point of time even after