JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated December 16, 2020 passed by the learned Civil Judge (Junior Division), Bidhannagar, in Title Suit No.63 of 2019. The petitioner is aggrieved by the portion of the order by which the application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure dated October 5, 2020 filed by the defendant was allowed on contest. The petitioner contended that the counter-claim sought to be incorporated in the written statement by way of an amendment of the written statement was not maintainable in the eye of law. Thus such portion of the order impugned suffered from jurisdictional error.

2. The first contention of the petitioner was that the counter-claim was not properly valued. The first prayer for declaration in the counter-claim that the defendant was entitled to get recovery of possession, was barred by law, in view of the fact that a relief for declaration without any prayer for recovery of possession was hit by the proviso to Section 34 of the Specific Relief Act, 1963. It was further contended that had the reliefs in the counter-claim been correctly stated and valued, the learned Civ