MANGALBAI ATMARAM KARBHARI Vs. MAHADEVI MAHADEV MULE

JUDGEMENT

(1.) The petitioners, who are original defendant Nos.5-a to 5-c in Special Civil Suit No.1/2018, have challenged the order below Exh.75 dtd. 28/11/2022 passed by the learned trial Court i.e. Civil Judge (Senior Division), Omerga in the aforesaid suit. Vide the impugned order, the learned trial Court has rejected the application of present petitioners filed for rejection of counter-claim set up by original defendant No.7 against them under Order VII Rule 11 of the Code of Civil Procedure (for short, 'C.P.C.').

(2.) Present respondent No.1 who is the original plaintiff, has filed the aforesaid suit for partition and share in compensation in respect of certain land against the present petitioners as well as respondent Nos.2 to 10. Defendant Nos.1 and 2 remained ex parte, whereas defendant No.3 had resisted the claim. Defendant Nos.4, 6, 8 to 10 supported the plaintiff. Original defendant No.5 i.e. the predecessor of present petitioners has contested the suit by filing written statement. Original defendant No.7 supported the plaintiff, but set up counter-claim against the present petitioners for declaring Survey No.12 as joint family property and also claimed one-eighth share in the same. The petitioners resisted the aforesaid counter-claim set up by original defendant No.7 on the ground that the counter-claim against co-defendant is not maintainable.

(3.) Learned Senior Counsel for the petitioners vehemently argued that it is now settled that no counter-claim by one defendant is maintainable against co-defendant. For that purpose he relied upon the following citations :