Rejected counter claim amendment upheld; liberty granted to file fresh suit for same reliefs.

JUDGMENT

The petitioner has challenged the order dated 04.04.2024 in I.A. No.6 of 2023 in O.S. No.97 of 2021 of the Munsiff Court, Kothamangalam whereby, the amendment of the written statement so as to incorporate the counter claim was rejected.

2. The learned counsel for the petitioner submits that even if a counter claim cannot be entertained, the petitioner cannot be restrained from filing a suit for the relief. He hence prays that the petitioner may be permitted to file a fresh suit for agitating the claims which he has made in the counter claim.

3. The learned counsel for the respondent fairly submitted that the respondent has no objection if the petitioner is filing a fresh suit instead of a counter claim.

4. In the above circumstances, the observations in Ext.P9 regarding the merits of the counter claim and the amendment are set aside and the order rejecting the amendment application and the counter claim application is confirmed. The petitioner is permitted to file a fresh suit for agitating the claims which have been raised in the counter claim.