K. RAJASEKARAN Vs. M. RAJESWARI

JUDGEMENT

(1.) The plaintiff is before this Court challenging the order of dismissal of their application to reject the respondent counter claim in the suit filed by the petitioners.

(2.) The petitioners/ plaintiffs filed a suit for 8 reliefs, including permanent injunction restraining the respondent from putting up any kind of gate and compound wall across any portion of the suit item No.1 and for declaration of their easementary right of CART-TRACK over the suit item No.1 to reach the properties covered under the sale deed dated 1.10.1964, standing in the name of A.K. Kandasamy and which is registered as Document No. 1986/1964 on the file of Sub Registrar Office, Sankari and also to reach the suit item No.2 described in the schedule as item No.2. A written statement was filed by the respondent along with the counter claim. The said counter claim is sought to be deleted by filing an application by the petitioner, under Order 8 Rule 6-C of CPC. The said Application was dismissed, relying upon the judgement of the Hon'ble Supreme Court in Jag Mohan Chawla & anr. vs. Dera Radha Swami Satsang and Ors., 1996 AIR(SC) 2222 wherein it is declared that the counter claim in respect of the same or different property is maintainable. The said order is challenged before this Court.

(3.) Mr. V.S. Kesavan, learned counsel appearing for the petitioners would contend that, under Order 8 Rule 6-C, the petitioners are entitled to exclude the counter claim made by the respondent, provided, if a separate suit could be filed for the said relief. Order 8 Rule 6-C reads as follows :-