VIVEK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision Application is filed by the Applicants being aggrieved by the order dtd. 17/09/2022 passed by the learned Civil Judge Senior Division, Chandrapur rejecting the Application filed by the Applicants below Exhibit No. 50 in Regular Civil Suit No. 240/2021.

(2.) The facts giving rise for filing of the present Revision Application is as under:-

(3.) Learned Counsel for the Applicant submitted that in view of the Sec. 16(b) of the Civil Procedure Code, the counter claim for partition would lie before the Court of Civil Judge Junior Division, Mul within whose jurisdiction the Suit Property is located. It is further submitted that looking to the valuation of the counter claim, it ought to have been filed as a separate Suit before the Court of Civil Judge Junior Division, Mul. It is submitted that the Trial Court has misinterpreted Order VIII Rule 6-A of the Civil Procedure Code in rejecting the Application (Exhibit No. 50).