1. This petition is directed against the order of the trial Court dt./-28-11-1985, whereby the trial court negatived the contention of the defendant-petitioner to convert his counter-claim into a plaint.

2. The plaintiff respondent filed the suit for permanent injunction against the defendant-petitioner and others for restraining them from dispossessing the plaintiff school forcibly and from interfering in its peaceful possession. In that suit, the defendant petitioner filed a counter-claim as contemplated under O.8, R.6-A, Civil P.C. Later on, the plaintiff was allowed to withdraw its suit with permission to file a fresh suit on the same cause of action. Thus, the suit was dismissed as having been withdrawn. At that stage, it was requested on behalf of defendant 3 to convert his counter claim into a plaint, and to decide it as such, as contemplated under O.3, R.6-D, Civil P.C. The trial court repelled the contention of the defendant with the following observation :-

"So, when the suit filed by St. Thomas School through its Secretary has not been found to be maintainable, counter-claim put forth by defendant 3 if converted into a plaint will fall on the same ground namely,