The Applicant lodged an application for leave to amend its Written Statement of Defence. The claim due to the Applicant was for an unpaid value of electricity consumed by the Respondent. The Applicant, after having filed the Written Statement of Defence, was advised by its Counsel that it is prudent and proper for it to raise its claim in the written Statement of Defence by way of a counter-claim. The Respondent objected to the application arguing that the application to amend Written Statement of Defence in Order to include a counter claim amounts to an application for extension of time to file a counter claim. Further, it is argued that by doing so after pleadings were closed, it would lead to a contravention of Order VIII rule 1 (2) of the Civil Procedure Code.