1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5400 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 08.08.2011. 1. Heard. 2. The petitioners are the original plaintiffs. The Respondents had filed written statement on 1.9.2010. Thereafter, filed an application for acceptance of counter claim along with the counter claim. The said application is allowed. Aggrieved thereby, the present petition is filed. 3. Mr.S.T.Ghute, learned counsel for the petitioners submits that the counter claim could not have been allowed to be filed in view of the fact that cause of action stated in the counter claim is the same which was stated in the written 2 statement which was filed. As such the defendants were aware that the cause of action exist to file the counter claim but, still, had not filed the same. Issues were already framed. In view of that the question of due diligence is also required to be considered. The defendants could not have been allowed to file counter claim at this stage. 4. The cause of action mentioned in the counter claim is 15.2.2010. The written statement is filed on 1.9.2010. As such the cause of action as claimed by the defendants has arisen to them prior to filing of the written statement. In such circumstances, there is no bar for the defendants to file the counter claim. The restriction is that the counter claim can not be filed in respect of a cause of action arisen after filing of the written statement. 5. It appears that the plaintiffs also had not filed any say to the application. 6. In light of the above, I do not see any error of jurisdiction committed by the trial Court in passing the impugned order. 3 7. The Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.08.08.2011. asp/office/wp5400.11