This Original petition is filed by the petitioner/defendant for setting aside the orders passed in I.A.No.8/2023 in O.S.No.2965/2016 by the Addl. Munsiff’s Court-I, Thrissur, for having rejecting the application of the petitioner filed under order

8 Rule 9 of C.P.C.

2. Heard the arguments of learned counsel for the petitioner and the respondent.

3. The case of the petitioner is that the 2^nd respondent filed a suit against respondent no. 1 for injunction. The defendant nos. 3,4 and 5 are the present petitioners herein, also filed a written statement. Later, they filed an additional written statement along with a counterclaim under Order 8 Rule 6-A of the CPC, seeking various reliefs, including declaration of perfect title as against the first defendant, restraining the first defendant from selling the property or pathway to the plaintiff, and allowing the counterclaim. The prayer for filing the additional written statement with the counterclaim was rejected by the trial Court.

Hence, the petitioners approached this Court.

4. The learned counsel for the petitioners contended that the defendant filed I.A for claiming counter claim in the suit, which was not considered the counter claimant