JUDGMENT

A. K. GANGULY, C.J. — This writ appeal has been filed challenging the judgment dated 12.2.2007 passed by a learned Single Judge of the writ Court in W.P.(C) No. 13052 of 2006.

2. On a perusal of the said judgment, it appears that the writ petitioner was the defendant in Civil Suit No.62 of 2004. In this said suit, the writ petitioner-defendant filed her written statement. The appellant was the opposite party in the writ petition and the plaintiff in the said suit.

3. By the impugned judgment, learned Judge of the writ Court held that the order which was passed by the learned Civil Judge (Senior Division), Parlakhemundi in Civil Suit No.62 of 2004 cannot be sustained and His Lordship was pleased to set aside the said order dated 21.8.2006 passed by the Civil Judge (Senior Division), Parlakhemundi.

4. By the said order, learned Civil Judge (Senior Divi¬sion) inter alia held that there was delay in filing the counter claim and the counter claim was filed by the defendant in the suit without the leave of the Court and the Court also held that the defendant was not diligent in the proceeding relating to counter claim which was filed after the issues were settled and as a result