1. Revision petitioner is the plaintiff in O.S. 71 of 1985 of the Munsiff's Court, Kayamkulam. The defendants filed written statement in which they set up a counter-claim to the effect that there was an agreement of sale of the plaint schedule property between the plaintiff and the 2nd defendant on 24-10-1976 and that advance was also paid. The defendants prayed for a decree for the specific performance of the above agreement. Plaintiff filed an application under Order VIII R.6 C of the C.P.C. for exclusion of the counter-claim on the ground that the claim for specific performance is time barred, that the second defendant was not willing to perform her part of the contract and that the cause of action is different from that of the suit. The learned Munsiff dismissed the petition holding that the counter-claim set up by the defendants has to be necessarily considered in the suit.

2. Learned counsel for the plaintiff submitted that the only question to be considered in the suit is regarding the declaration set up by the plaintiff and hence there is no scope for any counter-claim. Counsel for the defendants submitted that in view of Order VIII R.6 A of the C.P.C. the above