IMPORTANT POINT
A counter-claim can be filed after the written statement if the cause of action arose prior to or during the suit, subject to judicial discretion to avoid prejudice.

JUDGMENT :

The order permitting the defendants in a suit to set up a counter-claim after filing of the written statement is under challenge. The plaintiff is the petitioner. The contesting defendants are the respondents.

2. The plaintiff instituted the original suit for a declaration that the recitals in a document regarding the right of way through the property described therein is not valid and binding on him and for other consequential reliefs.

3. The contesting defendants resisted the suit by filing a written statement on 21.11.2018. The relevant pleadings in the written statement are contained paragraphs 18 and 19, which are extracted below:-

“18. The defendants and their predecessors in interest have been using the said road starting from the TB road and passing through the 'A' schedule property to their property continuously, peacefully without interruption, as of right and as an easement. The road is apparent and continuous and it is absolutely necessary for the enjoyment of the defendant's property. The road was kept undisturbed while the aforesaid partition was taken place and subsequently for the reason that the same is required for the enjoyment of the respondents'property and the house situated therein.

19. The 1st defendant and her predecessor in interest namely Moidu Haji have been using the said road in the plaint schedule property to go to their property, peacefully, continuously and uninterruptedly and as of right and as an easement, eversince the execution of the said gift deed No.4165/1984 of S.R.O., Hosdurg, and to the knowledge of the plaintiff and hence the 1^st defendant has perfected an easement right of prescription over the said road. Apart from this, the said road was in existence at the time of execution of the said gift deed No.4165/1984 of S.R.O., Hosdurg. The said road is apparent and continuous and is necessary for the enjoyment of the property retained by Moideen Haji after the execution of the said gift deed. The said Moideen Haji was using the said road to proceed to his residential garden prior to and after the execution of the said gift deed. Thus, Moideen Haji was having right by quasi easements over the said road. The said quasi easement right of Moideen Haji was also transferred to the 1st defendant as per the registered gift deed No.284/1989 of S.R.O., Hosdurg. The 1^st defendant continued to use the said road subsequent to the said gift deed and by 2004, she has perfected an easement right of prescription also over the said road. Thus, the 1^st defendant is having easement right of prescription and quasi easement right over the said road. The 1^st defendant has sold the said property to the defendants 3 to 7 as per the registered sale deed No.922/2018 of S.R.O., Hosdurg dated 24/03/2018 and thus the said property together with the said right over the said road, now belongs to the defendants 3 to 7.”

4. On 20.08.2019, the contesting defendants filed I.A.No.1746 of 2019 seeking amendments in the written statement to incorporate the following paragraphs:-

“24. That after the filing of the suit, the plaintiff with her men and agents have been continuously trying to prevent these defendants and their tenants and workers from using the 'C' schedule road herein. Such attempts were made by them on 15/08/2018, 19/08/2018, 26/08/2018 etc. They used to prevent these defendants from passing through the 'C' schedule road. On many such occasions, they have prevented motor vehicles carrying construction materials to the 'B' schedule. property. Lastly on the night of 29/06/2019, the plaintiff with the help of her men, have fully blocked the 'C" schedule road, at the southern boundary of the plaint 'A' schedule property by constructing iron gate and grills and by placing huge grinding stones and laterite stones. These defendants have filed I.A.No. 1270/2019 against the plaintiff seeking an order of mandatory injunction to direct her to remove all these obstructions. These defendants apprehend that the plaintiff