Applicant-defendant has directed this revision against order dated 18.3.1999 passed by 1st Civil Judge, Class II, Shujalpur, in C.S. No. 117-A/98, thereby on application of the non-applicant No.1 (plaintiff), the trial Court rejected the counter claim filed on behalf of the applicant along-with his written statement and held that the alleged claim with written statement shall be accepted only as written statement filed under provisions of O. 8, CPC.

Briefly stated, the facts of the case are that:

Originally, a suit on behalf of the Srimurti Radhakrishana Mandir was filed by one pujari Maniramdas as manager of the said temple for declaration and injunction with regard to the disputed land entered in the name of temple in revenue papers against respondents No. 2 to 4. During the pendency of the said suit, Maniramdas expired and in his place, name of Mahant Narharidas was substituted as manager of the temple. Later on, an application was filed on behalf of the applicant for imp-leading him as plaintiff in place of deceased Maniramdas on the ground that he is the chellan of deceased Maniramdas and succeeds to the office of the manager of the temple. The application was di