ASHOK Vs. BALAJI

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 07031991 passed by the Cooperative Appellate Court in Appeal No. 20 of 1989.

(2.) The Petitioner herein filed Dispute No. CCP 50/1998 before the Cooperative Judge, Nanded for declaration of ownership and allotment of Plot No. 34 Municipal No. A373 situated in Swanand Cooperative Housing Society Ltd., Basmath District Parbhani, to the Petitioner.

(3.) It is the case of the Petitioner that, in the said Dispute, the Written Statement was filed on behalf of the opponents. In the written statement, it is stated that the written statement may be treated as counter claim. No separate counter claim was filed nor the required Court fee was deposited. It is the case of the Petitioner that such counter claim without being payment of Court fees and praying to treat written statement as counter claim, was not permissible in law.