BABURAM SHARMA Vs. DISTRICT JUDGE HARDOI

JUDGEMENT

(1.) Heard Mr. Anurag Shukla, learned Counsel for Petitioner and learned Standing Counsel. The Petitioner is aggrieved with order dated 29.9.2010 passed by Additional District Judge, Court No. 5, Hardoi in Civil Revision No. 61 of 2009, whereby he has permitted to bring on record the additional written statement and counter-claim filed by Respondents in exercise of revisional power. Learned Counsel for the Petitioner submits that counter-claim had been filed at the belated stage i.e., four years; whereas; Order VIII, Rule 6-A of Code of Civil Procedure permits to file counter-claim along with written statement prior to the date fixed therefor.

(2.) In support of his submissions he cited a decision of the Hon'ble Supreme Court rendered in the case of Ratnesh Chand Ardawatiya v. Anil Panjwani, 2003 51 AllLR 699 (SC) in the Hon'ble Supreme Court has held as under:

(3.) As is evident from the aforesaid observation that at belated stage the Defendants cannot claim for filing the counterclaim along with written statement as of right, it is governed by discretion vesting in the Court. The same proposition has been laid down by the Hon'ble Supreme Court in the judgment rendered in the case of Bollepanda P. Poonbacha and Anr. v. K.M. Madapa, 2008 71 AllLR 899 (SC).