OPINION PER CURIAM, December 18, 1962:
While the defendant had an absolute right to file an amended answer and counterclaim by filed consent of the plaintiff under Pa. R.C.P. 1033, the court below had the right to require that this be done in accordance with its Rule 240 by filing an entire new pleading, properly executed, rather than by a stipulation that the "prior Amended Answer and Amended New Matter and Counterclaim is reinstated".
Under the circumstances...
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