Heard Mr. J. Sharma, the learned counsel for the petitioner as well as Mr. A.C. Sarma, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing for the respondent.

2. By filing this Application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 03.03.2017 passed by the learned Civil Judge No.3, Kamrup (M), Guwahati in Title Suit No.1/2009, thereby rejecting the application for amendment of written statement for the purpose of introducing a counter claim.

3. The summary of facts of the case is as follows:

The respondent is the plaintiff in TS No.1/09. The said suit is presently pending before the court learned Civil Judge No.3, Kamrup (M), Guwahati. The suit was for declaration, eviction of petitioner/defendant and for recovery of arrear rent. The petitioner defendant contested the suit by filing written statement. As a counter blast, the petitioner has also filed Money Suit No.47/2009 against the respondent for realizing a sum of Rs.20,000/- with interest thereon. The respondent contested the suit by filing written statement. Both suits i.e. TS No.1/2009 and Money Suit No.47/2009 were tried an