SANJIV TIWARI Vs. DEEPAK POPTANI

JUDGEMENT

(1.) This petition raises an important question as to whether the counterclaim filed by the Defendant/Respondent (hereinafter, "Defendant") after the commencement of the evidence of the Plaintiff/Petitioner (hereinafter, "Plaintiff") can be permitted or not.

(2.) A suit for recovery of Rs. 19,44,073/- was filed by the Plaintiff - Mr. Sanjiv Tiwari against Mr. Deepak Poptani in 2013 under Order XXXVII CPC before the District Judge, Saket Courts Complex. The leave to defend application was filed by the Defendant in the suit, however, the suit was withdrawn with liberty to refile the same vide order dated 21st January, 2015, which reads as under:-

(3.) Thereafter, the present suit has been instituted before the District Judge, Tis Hazari Courts on 19th September, 2015, again under Order XXXVII CPC. The suit, though filed under Order XXXVII CPC, is stated to have been treated as an ordinary suit. The written statement was filed on 3rd March, 2016. The following issues were framed on 16th July, 2016: