Arun Bhansali, J.

This writ petition has been filed by the plaintiff aggrieved by the order dated 20.09.2012 passed by the learned trial court, whereby, his application under Order 8, Rule 6C Civil Procedure Code for exclusion of counter claim filed by the defendant has been rejected.

2. The facts in brief are that the petitioner filed a suit on 01.11.2001 for possession of a shop situated at village Sindhari, Barmer and arrears of rent against the respondent inter alia with the averments that the shop was let out at a monthly rent of Rs. 200/- in the month of January, 1986. It was further alleged in the plaint that the defendant agreed to purchase the suit shop for a sum of Rs. 51,000/- on 24.02.1996 and agreed to pay the consideration within a period of three months and also agreed to pay rent @ Rs. 500/- per month for the period of three months. Neither the rent was paid nor the amount of consideration was paid. It was then alleged that on 26.04.1996 the defendant called plaintiff and stated that he could not arrange for the amount of consideration and that he would pay him Rs. 60,000/- within a period of 30 months and, till such time the payment was made, he would pay him