VIVEK AGRAWAL Vs. VIKRAM AGRAWAL

JUDGEMENT

(1.) The challenge in the Revision, filed under Sec. 115 of the Code of Civil Procedure, 1908 (in short, "Code"), is to an order dtd. 24/12/2021, passed by learned IInd Additional Civil Judge (Senior Division), Dehradun in Original Suit No. 706 of 2003, "Vikram Agarwal Vs. Bank of Baroda and Others", whereby, the written statement filed by the respondent no.1-plaintiff against the counter-claim of the revisionist-defendant no.7 has been permitted to be filed and taken on record subject to payment of costs of Rs.10,000.00. Hence, the present Revision.

(2.) The brief facts of the present case, which are necessary to notice for deciding the present Revision, are that in the original suit (O.S. No.706 of 2003), filed by the respondent no.1-plaintiff for declaration, cancellation of the registered lease deed dtd. 3/10/2003/17/10/2003, partition and compensation, the revisionist-defendant no.7 filed his written statement with counter-claim against the plaintiff on 31/5/2004 seeking the relief of cancellation of the registered sale-deed dtd. 13/5/2003, which was kept on the record. The trial court, while deciding the issue no.11 on 2/1/2019, directed the revisionist- defendant no.7 to make good the deficiency in court fee to be paid on the counter-claim. The defendant no.7 paid the outstanding court fee on 30/1/2020.

(3.) It is not in dispute that the trial court never fixed any period in view of sub-rule (3) of Rule 6A of Order VIII of the Code to file written statement against the counter-claim of the defendant no.7. The written statement against the counter-claim was filed on 3/12/2021.