Original Suit No. 826 of 1983 was initiated in the Court of 1st Additional Munsif, Shaniahanpur by the plaintiff on 29-9-1983. A written statement was filed on 24-2-1985. An application for amendment of written statement setting up counter claim was filed on behalf of the defendant alleging that the cause of action of the counter claim had arisen on 10-8-1989. The said amendment applica tion was objected to. By an order dated 21-4- 1980 the said application was dismissed on the ground that the counter claim can not be set up because of cause of action had arisen after filing of the written statement as contemplated under Order VIII, Rule 6-A of the Code of Civil Procedure. A resultant revision, being Civil Revision No. 37 of 1990 preferred by the defendant was dismissed on 25-4-1991. Subsequently an application for amendment to the plaint was sought for by the plaintiff on 9-1-1995, wherein it was said that the disputed road was closed since the year 1976, where the plaintiff should be permitted to raise a wall and accordingly had incor porated the prayer to that effect. After the amendment was allowed the defendant filed additional written statement on 5-4-1995. In