JUDGMENT :

The sole defendant in a suit for recovery of money came up in appeal aggrieved by the dismissal of the counter claim. The suit was decreed granting recovery of the amount due to the plaintiff/Bank -State Bank of Travancore. The defendant submitted her written statement by raising a counter claim by impleading the counter claim defendant No.1 and 2 and claimed that the counter claim 2nd defendant is bound to grant 30% of the loan amount as margin money. The trial court thereon has given a separate cause title to the counter claim as counter claim plaintiff and defendant by impleading an additional party, the counter claim 2nd defendant and proceeded to consider both the suit and the counter claim and rendered a judgment and decree. It is under challenge by the sole defendant in the suit, who is the counter claim plaintiff on the reason that the trial court ought to have granted a decree allowing the counter claim as against the counter claim defendants i.e. the original plaintiff in the suit and the additional party, the counter claim 2nd defendant.

2. It appears that the trial court has committed a grave mistake by impleading an additional party as counter claim 2nd defend