VIJAYALAKSHMI RAMANNA Vs. RAGHUNANDAN RAMANNA

JUDGEMENT

(1.) Petitioner being the first defendant in a comprehensive suit filed by the first respondent in O.S.No.7325/2009 is invoking the writ jurisdiction of this Court for assailing the order dated 12.11.2013 entered by XXXVIII Addl. City Civil Judge, Bengaluru, whereby his application in I.A.No.5 filed u/s.151 of CPC, 1908 seeking leave of the trial Court for filing the Counter Claim has been negatived. The contesting respondents having entered appearance through their counsel, resist the writ petition.

(2.) Learned counsel for the petitioner argues that the impugned order has error apparent on its face inasmuch as the Court below has treated the matter on merits as is reflected at para 15 thereof; though legally speaking no leave is necessary, by abundant caution the subject application was filed u/s.151 of CPC which Court treated with a wrong premise that for filing of Counter Claim subsequent to filing of the Written Statement, leave is a sine qua non; the ground on which the petitioner is prevented from filing his Counter Claim is legally unsustainable. So arguing, he seeks allowing of the writ petition.

(3.) Learned counsel for the contesting respondent plaintiff per contra opposes the writ petition contending that counter claim is time barred; counter claim contains the grounds which are mutually destructive of each other; and, the order rejecting the counter claim amounts to decree as defined u/s.2(2) of CPC, 1908. So contending he seeks dismissal of the writ petition.