JUDGMENT
The short point which arises for our determination in this appeal is the interpretation to be given to rules 2 and 11 of order VIII of the Civil Procedure Rules. Those rules provide:
“2 A defendant in a suit may set-off, or set up by way of a counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether it is for a liquidated or unliquidated amount, and such set-off or counterclaim shall have the same effect as a cross-suit, so as to enable the Court to pronounce a final judgment in the same suit, both on the original and on the crossclaim; but the Court may on the application of the plaintiff before trial, if in the opinion of the Court such set-off or counterclaim cannot be conveniently disposed of in the pending suit, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.”
“11. Where a defendant sets up a counterclaim, if the plaintiff or any other person named …