( 1 ) THIS revision is by the defendant whose two applications, one for making a counter-claim under Order 8, Rule 6-A, C. P. C. , and the other for amendment of the written statement for incorporating set-off under Orders 8, Rule 6, C. P. C. have been rejected by the trial Court.

( 2 ) IT is not disputed that the non-applicant/plaintiff's suit is one for declaration of his title to certain property and also for an injunction, restraining the applicant from interfering with the non-applicant's possession over that property. The defendant-applicant filed a written statement, contesting the non-applicant's claim. After filing of the written statement and when some proceedings in the suit took place, the defendant-applicant made these two applications. While rejecting the first application for raising a counter-claim, the lower Court has observed that since the applicant has already filed a written statement, the counter-claim cannot be entertained. In my opinion, in taking such a view, the trial Court committed an error in not appreciating the correct import of provisions contained in Order 8, Rule 6-A, C. P. C. It will be useful to quote the provision of that Rule. It