RAJENDER SINGH Vs. HARPREET KAUR & ORS

JUDGEMENT

(1.) By this order, I propose to decide application being I.A. No.13307/2012 under Section 144 read with Section 151 CPC filed by defendant No.1 seeking for restoration of the counter-claim.

(2.) The plaintiff filed the above said suit for partition, possession, permanent injunction and cancellation of sale deed dated 23rd March, 2011, relinquishment deed dated 7th February, 2001 and partition deed, against the defendants.

(3.) Upon service, defendant No.1 filed the written statement on 5th December, 2011 as well as a counter-claim against the plaintiff for granting a decree for a sum of Rs.30 lacs as damages along with cost. However, in the order dated 7th December, 2011, it was recorded that though the written statement along with counter-claim have stated to be filed but the same were not on record at that time.