JUDGMENT

SURINDER SINGH NIJJAR, J. — 1. This appeal is directed against the final judgment and decree/order dated 23rd of July, 2008 passed by the learned Single Judge of the High Court of Karnataka in RFA No.1732 of 2005 filed by the respondents whereby the High Court in part modified and in part set aside the judgment and decree dated 4th August, 2005 passed by the Vth Additional City Civil Judge, Bangalore in OS No.163 of 1999.

2.The short issue which arises before us is whether the High Court was justified in permitting the respondents to raise the counter claim at a stage after the issues had been framed by the trial court.

3.In order to decide the aforesaid issue, it is not necessary to make a detailed reference to the chequered history of the litigation between the parties. We may, however, briefly narrate the facts.

4.The appellants herein were the plaintiffs before the trial court and the respondents were the defendants.

5.The appellant is an Association registered under the Societies Registration Act. The appellant contends that it purchased 2 acres 30 guntas of land in Sy.No.110/2 of Laggere Village (the schedule property) under an agreement of sale dated 26th November, 1988