1 CRA273/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.273 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Sanket S.Kulkarni, advocate for the Applicants. Mr.Y.V.Kakade, advocate for the Respondent. CORAM : S.V.GANGAPURWALA,J. Date : 09.02.2012. PER COURT : 1. Heard. 2. The applicants are the original defendants. The applicants filed their Written Statement on 30.1.1999. Thereafter, the applicants filed an application Exh.127 seeking leave to file counter claim. The said application is filed on 28.4.2009. The trial Court rejected the said application. Aggrieved thereby, the present petition is filed. 3. Mr.Sanket Kulkarni, learned counsel for the applicants submits that after the report of the Court Commissioner, the facts came to the light. The delay was caused for report of the Court Commissioner on account of the various litigations/proceedings 2 CRA273/11 which were pending in this Court and thereafter the report was submitted. The counter claim is necessitated. It is not the case that cause of action is not stated. The petitioner has cause of action to file counter claim. For the delay, the petitioner is not at fault. The trial Court should have considered all these aspects. 4. Mr.Kakade, learned counsel supports the order. 5. The Written Statement is filed on 30.1.1999. The report of the Court Commissioner is subsequent. The cause of action is also subsequent to filing of the Written Statement. In view of that the petitioner could not have maintained the counter claim on a cause of action accruing after filing of the Written Statement. 6. In light of the above, no error is committed by the trial Court in passing the impugned order. The Civil Revision Application as such is dismissed. No costs. 7. Mr.Kulkarni, learned counsel for the applicants submits that the applicants be given liberty to take up appropriate proceedings in respect of the cause of action on the basis of which the counter claim was sought. If in law, the applicants are entitled to take up any such proceedings, the applicants are entitled to do so. (S.V.GANGAPURWALA,J.) Dt.09.02.2012. asp/office/Cra273.11 3 CRA273/11