AGRAWAL, C. J.

( 1 ) THIS application in revision filed by defendant 3 is directed against an order of the trial Court rejecting his application for amendment of the written statement by incorporating certain statements in the nature of a counter-claim.

( 2 ) OPPOSITE parties 1 to 3 as plaintiffs filed Title Suit No. 5 of 1984 in the Court of the Munsif, Dhenkanal against the order of the Tahasildar, Dhenkanal, directing their eviction from the suit land. Defendants 1 and 2 as well as defendant 3 filed written statements denying the plaintiffs' claim of possession over the suit land and claiming the possession of defendant No. 3 The hearing of the suit commenced on 1908-1985 and was closed on 15-10-1985. Arguments were also fully heard on 5-11-1985, and 20-11-1985 was fixed for judgment. In the meantime, on 16-11-1985, defendant No. 3 filed an application for amendment of the written statement under the label of O. 8, R. 6a (1) of the Civil P. C. (for short 'the Code') with a prayer for addition of two paragraphs as paras 24 and 25 to the written statement reading as follows :-"24. That the defendant after getting delivery of possession from the aforesaid Subas Dei has been posse