Anand Pathak, J.

1. The present writ petition under Article 227 of the Constitution of India has been preferred by the petitioner being crestfallen by the order dated 21/12/2016 (Annexure P/1) and order dated 18/01/2017 (Annexure P/2) passed by Fifth Additional Civil Judge Class-I, Gwalior to the Court of First Civil Judge, Class-I, Gwalior whereby application under Section 151 of CPC for recalling the order dated 21/12/2016 (Annexure P/1) wherein application under Order 6, Rule 17 CPC preferred at the instance of petitioner/defendant for incorporating counter-claim in the written statement has been rejected.

2. Facts of the case in brief are that respondent/plaintiff has preferred a suit for arrears of rent and eviction against the present petitioner/defendant in 2014. Present petitioner filed written statement on 29/09/2014. Later on, petitioner/defendant preferred an application under Order 6, Rule 17 r/w Section 151 of CPC on 30/11/2016 containing pleadings of counter claim as mentioned in the application. The said application got rejected vide order dated 21/12/2016, thereafter application under Section 151 CPC met the same fate, therefore, petitioner/defendant is before