VIJAY PRAKASH JARATH Vs. TEJ PRAKASH JARATH

JUDGEMENT

(1.) Civil Appeal Nos.2308-2309 of 2016 (Arising out of SLP(C)Nos.8536-8537 of 2008)

(2.) The trial court, vide its order dated 28.10.1996, accepted the aforesaid counter-claim. The above order dated 28.10.1996, came to be assailed by the respondent-plaintiff-Tej Prakash Jarath through Civil Miscellaneous Writ Petition No.1266 of 2001, before the High Court of Uttarakhand at Nainital (hereinafter referred to as 'the High Court'). The High Court relying upon the judgment of this Court in Rohit Singh & ors. vs. State of Bihar (Now State of Jharkhand) & Ors., 2006 12 SCC 734, concluded, that the counter-claim filed by the petitioner-defendant Nos.3 and 4 before the trial court, was not legally acceptable. The order passed by the High Court dated 02.01.2008, recording the above conclusion, has been assailed through the instant special leave petitions.

(3.) Leave granted.