VIJAY SHANKAR SHARMA Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) The petitioner/plaintiff takes exception to the impugned order dated 26.04.2014 passed by trial Court rejecting his application filed under Order 8 Rule 6(c) for exclusion of counter claim from the suit.

(2.) The petitioner/plaintiff and respondents/defendants are brothers and sisters. The petitioner/plaintiff filed a suit for declaration of title and permanent injunction over the suit land admeasuring 3.25 acres situated at village Bodri, tahsil Bilha, district Bilaspur. After service of summons, the defendant/respondent No.1 herein filed his written statement and also filed a counter claim for declaration of title and partition and claimed that he be declared co-owner of land admeasuring 7.32 acres and he be declared that he is entitled for 1/6th share and the suit expenses be granted from the plaintiff and defendants No.2 to 5. The said counter claim was filed on 12.09.2013.

(3.) Thereafter the plaintiff on 08.10.2013 filed an application under Order 8 Rule 6(c) for exclusion of counter claim so preferred by the defendant No.1 stating that in the counter claim the different land, in addition to lands claimed by the plaintiff, relief has been sought by pleading different course of action and further pleaded that the counter claim against the co-defendants i.e. defendants No.2 to 5 is not maintainable and therefore the counter claim be directed to be excluded and the plaintiff be relegated to file the independent suit in respect of counter claim so made before the trial Court.