GULSHERA BEGUM Vs. PALURAM

JUDGEMENT

(1.) Plaintiff-Must.Gulshan Bee filed Civil Suit against defendant-Paluram for recovery of possession of the suit land on 17.9.1990 (Annexure P/4), in which defendant No.1-Paluram filed his written statement on 9.3.1994 (Annexure P/5) to this civil revision and thereafter defendant No.1 filed his counter-claim vide Annexure A/8 on 19.6.2008. Thereafter, the plaintiff's withdrew her civil suit on 2.5.2009. In the meanwhile, plaintiff-Mst. Gulshan Bee died and her legal representatives (applicants herein) filed an application under Order 7 Rule 11 read with Section 151 of the CPC stating inter-alia that counter-claim, which has been filed by defendant No.1 on 19.6.2008, is barred by law and not maintainable, therefore, it is liable to be rejected, which was opposed by defendant No.1 by filing his reply.

(2.) The trial Court by its impugned order rejected the same holding that it cannot be said to be barred by limitation.

(3.) Feeling aggrieved against the order rejecting application under Order 7 Rule 11 of the CPC, the applicants herein have filed civil revision under Section 115 of the CPC.