JUDGMENT

Biswanath Rath, J. - This Civil Misc. Petition involves an order allowing amendment so also accepting the counter-claim to the written statement.

2. Assailing the impugned order, vide Annexure-1, Sri A.P. Bose, learned counsel for the petitioner referring to the provision contained in Order 8, Rule 6-A of C.P.C. pleaded that for filing of the written statement on 18.2.2005 even though the amendment could be maintainable for the trial having not been commenced but no counter-claim in the year 2017 would have been entertained. Taking this Court to several documents, Sri Bose, learned counsel for the petitioner established that the suit was initiated in the year 2000, vide T.S. No. 21/2000 and re-numbered as C.S. No. 906/2010. Written statement was also filed within time frame on 18.2.2005, whereas an application for amendment along with a counter-claim appearing at Annexure-4 was also filed in the month of June, 2017. Referring to a decision of the Hon'ble apex Court in Ramesh Chand Ardawatiya vs. Anil Panjwani reported in AIR 2003 SC 2508 and other decision of this Court in Shrimati Basanti Jena vs. Smt. Apani Bewa & others, reported in 2013 (Supp.-II) OLR-616 , Sri Bose, le