1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3370 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.C. Bhatewara for the petitioner. CORAM : D.G. KARNIK, J. DATE : 2ND JULY 2010 P.C. : 1. Heard. 2. The writ petition is directed against an order dated 18 March 2010 passed by the learned 2nd Joint Civil Judge, Junior Division, Pimpri rejecting the application of the petitioner (defendant) to take on record of the suit the counter suit filed by him. 3. In a suit filed by the respondent, the petitioner filed the written statement on 31 2 January 2008 making a counter claim. According to the petitioner, the form of the written statement in which the counter claim was made was not proper. Order 8 Rule 6 of the Code of Civil Procedure requires the counter claim to be in a particular form. Since the written statement was not in the proper form, the petitioner submitted a separate counter suit and prayed to take it on record of the suit and treat it as a counter claim. Obviously, this cannot be done. If there is any error in the form of initial written statement, that form can be corrected by means of an amendment of the written statement. The counter suit cannot be allowed to be taken on record of the suit. Learned Judge was right in rejecting the application. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)