1 wp 7675.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7675 OF 2011 Vilas Gangadhar Ghodake .. Petitioner Versus Arvind Appanna Alure .. Respondent Shri M. P. Tripathi, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 04TH OCTOBER, 2011. PER COURT : . The petitioner is the original defendant who has filed the written statement. Thereafter, the defendant filed an application for amendment. By virtue of amendment he wants to file counter claim. The said application is rejected. Aggrieved thereby the present petition is filed. Shri Tripathi, the learned counsel for the petitioner submits that the defendant can file counter claim even after delivery of his defence i. e. written statement. The Trial Judge has rejected the said application on the ground that it does not transpire that the property stated in the suit and the counter claim is the same. The learned counsel 2 wp 7675.11 contends that the merits of the amendment are to be considered at the time of deciding amendment application. The learned counsel further contends that even in the written statement which was filed earlier it was stated that the counter claim may be filed. The learned counsel further contends that even the order is passed without hearing the petitioner. 2. The proposition that the defendant can file counter claim even after filing written statement need not be dilated that is settled position. But a counter claim can be filed in respect of a cause of action which has arisen to the defendant prior to the filing of written statement and not afterwards. Perusal of original written statement it is manifest that the defendant had stated that he would file the counter claim if need so arises and in the counter claim proposed by him he has no where stated about cause of action that on a particular date cause of action has accrued to him. If the written statement is perused, the defendant contends that the defendant would file a counter claim if need arises. Even the need has arisen to him after filing of written statement, the cause of action arose to him after filing of written statement and no counter claim can be allowed to be filed in respect of a cause of action arising after filing of the written 3 wp 7675.11 statement. In the light of that the writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Oct. 11