Since the same order dated 10.3.98 passed by the learned Civil Judge, Senior Division, Tinsukia, in Money Suit No. 54 of 1988, has been challenged in both the above noted two cases, namely, First Appeal No. 29 of 1998 and the Civil Revision No.82 of 1998, this Court passed an order on 7.9.98 while admitting the first appeal, that the appeal be listed along with the civil revision. Hence, both these matters have come up for hearing together and they are being disposed of by a common order.

2. The matter pertains to the rejection of the application for accepting the counter claim as well as the rejection of the counter claim preferred by the defendant/appellant in Title Suit No. 54 of 1988. We have heard Shri BP Kataky, learned counsel for the appellant and Shri CK Sarma Baruah, learned counsel appearing for the plaintiff/respondent.

3. The plaintiff/respondent filed a Money Suit in the Court of the Civil Judge, Senior Division, Tinsukia, being Money Suit No. 54 of 1988, for recovery of Rs.3,30,563.00, with interest, etc against the defendant/appellant. The suit was filed in the year 1988. However, during the pendency of the suit, the defendant appellant filed a c