The writ petition is admitted.

2. This writ petition has been pre ferred for issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 15-4-2000 and 14-10-1999 passed by the respondent nos. 1 and 2 respectively (Annexure Nos. 8 and 7 respectively ). By the order dated 15-4-2000, the ap plication for amendment of written state ment/counter claim under Order 6, Rule 17 C. P. C. (paper no. 265-A) filed by the defendant-respondent nos. 1 to 3 has been allowed on payment of cost of Rs. 250/- and the objection of the plaintiffs paper no. 268-C has been rejected. By the order dated 15-4- 2000 the revision preferred by the petitioner-plaintiffs has been rejected by the District Judge Nainital.

3. The plaintiff-petitioners filed a Civil Suit No. 84 of 1988 for a decree of permartent injunction against the de fendant-respondent nos. 3 to 6. Written statement was filed in the suit, issues were framed and the suit was fixed for final hearing by the trial court.

4. By the application paper no. 265-A, the defendant nos. 1 to 3 prayed for counterclaim on the ground that on /-9-1998, the plaintiffs and defendant no. 4 Bal Krishna Sanwal had entered

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