K.A. Mohamed Shafi. J.

This CRP is filed by the defendant in O.S. No. 371/1985 on the file of the Addl. Sub Court, Ernakulam challenging the order in LA. No. 6249/93 dt. 30.11.1993. That petition was filed by the defendant to amend the written statement by incorporating a counter claim against the plaintiff. That order is dismissed by the lower court holding that the application for amendment of the written statement is highly belated and the counter claim sought to be incorporated in the written statement is barred by limitation.

2. Petitioner has contended that in the above suit filed by the respondent claiming huge amount the petitioner made vague counter claim in their written statement and in order to make the counter claim specific and clear they filed the above LA. to amend the written statement. But the learned Sub Judge without properly considering the pleadings and the contentions raised by the defendant dismissed the application stating that the application is highly belated and the counter claim sought to be incorporated is barred by time.

3. Respondent/ plaintiff has contended that absolutely no semblance of counter claim is made by the defendant in the writte