G. B. PATTANAIK, J.

( 1 ) THIS revision raises an interesting question of law with regard to the interpretation of Rule 6a of O. 8 of the Code of Civil Procedure. Plaintiff is the petitioner. After dismissal of his suit as not maintainable, the counter-claim filed by the defendants for eviction of the plaintiff was allowed to proceed which was registered as T. S. No. 12a of 1979. The plaintiff filed an application on 5-3-1986 invoking the jurisdiction of the Subordinate Judge under O. 8, Rule 6c, Code of Civil Procedure, praying to reject the counter-claim for eviction. The Subordinate Judge having dismissed that petition by order dated 13-3-1986, the plaintiff has filed the present revision.

( 2 ) THE short facts are that the plaintiff filed the suit for declaration of his title, confirmation of possession and permanent injunction against the defendants in respect of a plot of land on 22-6-1979, which was registered as Title Suit No. 12 of 1979. The defendants filed their written statement on 15-10-1979. On 17-4-1980, the plaintiff filed an application for amendment of the plaint and as the amendment was minor in nature, the same was allowed by order dated 20th of April, 1980. Th