IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1260 of 2008 UPENDRA KUMAR Versus RAMDEO SHARMA & ANR ----------- 3. 29.8.2008 Heard counsel for the petitioner. In the opinion of this Court, the court below by the impugned order dated 05.05.2008, has rightly refused to consider that part of the prayer of the plaintiff petitioner as with regard to review or recall of the earlier order dated 07.06.2006 allowing a counter claim. It is settled law that a counter claim can normally be at any point of time. All that in respect is required is that such counter claim must be preceeded by a specific plea of the defendant to this effect in the written statement of the defendant. In the present case this Court would find from tenor the order dated 7.6.2006 that such counter claim in the interest of justice was disposed of. There being nothing to show in that order that the counter claim was rejected, that order has to be read in the sense it was passed and therefore, such a counter claim was treated 2 to have been allowed. The plaintiff therefore at a subsequent stage by jugglery of words should not have questioned the order of court below dated 07.06.2006 with regard to entertaining and allowing of such counter claim. There being thus no merit in this application, this application is dismissed. After the aforesaid portion of the order had been dictated, the counsel for the petitioner has submitted once counter claim has treated to have been allowed, the plaintiff petitioner should be given at least an opportunity to put his written statement to the said counter claim. This Court would find such prayer of the petitioner, though belated but yet quite reasonable and in accordance with law. In that view of the matter this court would direct the court below to accept the written statement of the plaintiff to the said counter claim allowed on 07.06.2006, if the same is filed within a month from the date of receipt/production of a copy of this order. With the aforementioned 3 observations and directions this Civil Revision application is dismissed. ( Mihir Kumar Jha,J.) Surendra/