statement ought to be made together with the written statement. Under the circumstances, the decision in HDFC Bank Ltd (supra) will not apply because the cause of action for the Respondents/Defendant had arisen not subsequently but at the time of the written statement/ suit before the Civil Court itself. The decision of Mahendra Kumar (supra) will also not apply because the provisions of Order 8 Rule 6-A (1) of the CPC relied upon in that decision would not be applicable to the proceedings before the D.R.T. which is governed by the special statute and rule made thereunder. A counter-claim under the statute is expected to be made together with the written statement and not thereafter. No reasons whatsoever have been subscribed in the application for amendment explaining the delay in incorporating an enhanced claim in the counter-claim. It is hopelessly barred by limitation as well. 11. The Ld. Presiding Officer has not gone into all these aspects before allowing the application for amendment. The impugned order is, therefore, unsustainable. The appeal is, therefore, to be allowed.
