1. An order of the trial court permitting the first defendant to amend his written statement in order to raise a counter-claim is challenged by the plaintiff in this revision.

2. The suit for money was filed in 1976. First defendant filed his written statement on 31-1-1977 and additional written statement on 28-7-1977. Replication was filed on 31-8-1977. After settlement of issues the case was pending trial for a long time. Plaintiff closed his evidence and the examination of the first defendant was about to be completed.

3. At that time in 1985, after more than 6 years from the date of filing of the written statement, 1st defendant moved for amendment of his written statement to plead a counter-claim on payment of court fee. Inspite of the fact that the claim has become barred by limitation the trial court allowed the same on the ground that in the interest of justice and in order to avoid multiplicity of suits it has to be allowed since it is not likely to prejudice the plaintiff.

4. I fail to understand the logic behind the reasoning of the trial court. Counter-claim is just the same as a plaint in a cross-suit. Under S.3(2)(b) of the Limitation Act it shall be treated