SRIDHAR PRASAD LAKHERA Vs. SUDHIR PRASAD LAKHERA

JUDGEMENT

(1.) RAJESH Tandon, J. The present revision arises out of the order dated 6. 3. 2003 by which application paper no. 113-C of the defendant has been rejected.

(2.) THE brief facts of the case are that a suit was filed by the plaintiff Sri Sudhir Prasad Lakhera purporting for partion of the property of Arat Bazar, Kotdwar, District Pauri Garhwal and for a decree of accounting in his favour. Written statement was filed by the defendant. In paragraph 4 of the counter claim, de fendant has claimed decree for declara tion without mentioning the value of the counter claim although he has paid Court fee. When the matter came up for hearing before the Civil Judge on 12. 10. 1999 the learned Civil Judge de cided issue no. 7 against the defendant and issue no. 8 against the plaintiff. THEreafter an application was moved in which the defendant has stated that the valuation of the property being four lacks and the same may be permitted to be mentioned in para no. 4 of the coun ter claim. Application was mowed in pur suance of order dated 12. 10. 1999 passed by the learned Civil Judge. THE application was not opposed by the. plaintiff however, the said application was decided by the impugned order on 6. 3. 2003.