IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1108 of 2008 RAJESHWAR PRASAD & ANR Versus RAJ KUMAR @ RAJ KR.PD. & ORS ----------- 2. 5.8.2008 Heard counsel for the petitioners. Counsel seems to be correct to the extent that in the garb of application seeking amendment in the plaint no counter claim could have been filed by the defendants. The court below in fact has failed to consider this aspect and has proceeded to allow the amendment in the written statement. This being so, this Court would direct the court below to reconsider the issue only as if an amendment in the written statement was prayed by defendant no.3 O.P. In the event defendant no.3 would like to file a separate counter claim, the court below will have to dispose of the same in terms of Order 8 Rule 6A C.P.C. With the aforementioned observation, this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/