POLYMERS INDUSTRIES Vs. KIRITBHAI RATILAL SHAH

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner -original plaintiff challenges order dated 8-9-2010 passed below Application Ex.51 in HRP Suit No.2180 of 2004 by the learned Judge, Small Causes Court No.3, Ahmedabad, whereby the application of the respondent-original defendant seeking permission to file counterclaim was allowed.

(2.) FACTS in short are that the plaintiff-tenant filed a suit being HRP Suit No.2180 of 2004 seeking permanent injunction praying to restrain the defendant-landlord from taking possession of the suit premises. Issues started to be framed vide Ex.23. Plaintiff filed an affidavit in chief examination by way of Ex.30 on 3-12-2007. Defendant did not cross examine witness of the plaintiff and hence, his right to cross-examination was closed. However, said right was reopened on his request by way of an application. The defendant vide an application Ex.51 sought permission to file counterclaim in the said suit which was allowed by order dated 8-9-2010 by the learned Small Causes Judge which is impugned in the present petition.

(3.) RESPONDENT, who appeared as party-in-person, submitted that the trial court has rightly permitted him to file counterclaim and no illegality is committed by the trial court in allowing the application Ex.51. He, therefore sought to dismiss the present petition. He also submitted that the plaintiff has been given liberty by the court below to file written statement in view of the counter claim of the defendant.