1. Defendant in O.S.No. 576 of 1992 on the file of the Additional District Munsif Court, Ambasamudram is the revision petitioner.

2. Respondent herein filed a suit for specific performance of an agreement for sale alleged to have been executed by the petitioner herein. The suit was filed before end of 1992. Written statement was also filed by the petitioner.

3. After issues were suggested, the case was included in the list. Plaintiff was examined as P.W.1 and when the case was posted for evidence of P.W.2, an application was filed in I.A.No. 426 of 1997 seeking permission to file counter claim. In the affidavit in support of the application, it is averred that she wanted to declare the agreement as void and on 27. 1997, since the plaintiff trespassed into the property, she wanted recovery of possession in the suit itself.

4. The same was seriously opposed by the plaintiff and by the impugned order the lower court rejected the permission sought for. That means the counter claim was refused to be entertained.

5. The same is challenged in this revision.

6. ‘Notice of motion’ was ordered. An interim stay for a period was also granted by the learned Judge of this Court