1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6401 OF 2009 Shri Arun Rangnath Gaikwad .... Petitioner Vs. Shri Hanumant Baburao Chougule & Ors. .... Respondents Mr. Amit Sale for the Petitioner. None for the Respondents. CORAM : A.S. OKA, J. DATE : MAY 6, 2010 P.C. : Heard the learned counsel appearing for the Petitioner. In the suit of the year 1995, the Petitioner made an application in the year 2006 for filing additional written statement cum Counter Claim. By the impugned order dated 3rd November, 2008 passed by the learned Civil Judge Junior Division, Barshi, the said application has been rejected. 2. The suit is of the year 1995 and therefore as far as additional written statement is concerned, the same will not be 2 governed by constraints of Rule 1 of Order VIII of the Code of Civil Procedure, 1908 as amended with effect from 1st July, 2002. The trial court was justified in rejecting the prayer for permission to make a Counter Claim in as much as the original written statement was filed in the year 1995. The learned Judge could have allowed the Application to the extent of permitting the Petitioner to file an additional written statement. However, what is tendered before the Court is an additional written statement cum Counter Claim. As Counter Claim cannot be permitted at this stage, the Petitioner will have to permitted to file additional written statement to the amended plaint. The Petitioner can always file a separate suit. The impugned order deserves to be quashed and set aside. Therefore, I pass the following order : :: O R D E R :: i. The impugned order dated 3rd November, 2008 passed by the learned Civil Judge, Jr. Division, Barshi below Application at Exhibit 62, is quashed and set aside. 3 ii. It will be open for the Petitioner to file a fresh application seeking permission of the Court to file additional written statement. iii. However, it is made clear that the Petitioner is dis­entitled to file Counter Claim at this stage. The remedy of filing a separate suit for claiming the reliefs sought in the counter claim always remains open. iv. If such application referred to in clause (ii) above is made by the Petitioner within six weeks from today for seeking permission for filing additional written statement, the same shall be decided by the learned Trial Judge without being influenced by the impugned order in the light of the observations made in this order. v. The Writ Petition is accordingly disposed of 4 in the above terms. [A.S. OKA, J.]