GANAPATHY Vs. PAPANASAM

JUDGEMENT

(1.) The plaintiff, in O.S.No.500 of 2011, is the revision petitioner. Pending the suit, an application in I.A.No.41 of 2015 was taken out by the second defendant, seeking permission to file a counter claim under Order VIII Rule 6-A C.P.C. The said application came to be allowed, as against which, the plaintiff is before this Court.

(2.) I have heard the learned counsel for the revision petitioner and the learned counsel for the contesting respondent.

(3.) It is the case of the plaintiff that the suit has been filed for declaration in respect of 300 sq.ft., pursuant to the purchase said to have been made by the plaintiff. The second defendant has filed his written statement initially stating that the plaintiff was entitled to only 300 sq.ft. of vacant land and that the plaintiff could not claim right over any additional area. Subsequently, the second defendant filed the said I.A.No.41 of 2015 to receive his counter claim.