JUDGMENT :

S.C. Mohapatra, J. - Plaintiffs are the Petitioners in this Civil Revision against the order allowing amendment of the written statement so far as the counter claim.

2. Suit is for title, possession and consequential permanent injunction. Defendant Nos. 1 to 3 in their written statement filed on 24-6-1981 while disputing Plaintiffs' assertion made a counter claim of their title in respect of the suit land. When the suit was pending, Plaintiffs made construction on their own land to obstruct which Defendants filed a suit for injunction. Such suit having been dismissed, appeal was filed. They filed an application for amendment of the written statement making counter claim which Plaintiffs assert to be the same as the claim in their suit. Plaintiffs objected to the application for amendment. Learned Munsif having allowed the amendment, this Civil Revision has been filed assailing the order.

3. There is no dispute that by amendment of the written statement counter claim has been made in respect of cause of action arising after filing of the written statement and counter-claim. Mr. M. Patra, learned Counsel for the Petitioners submitted that in view of the clear language of Orde