JAGDISH KUMAR Vs. HARISHANKAR

JUDGEMENT

(1.) PLAINTIFF has preferred the present revision aggrieved by the Order passed by the learned trial Court allowing incorporation of the counter-claim in the written statement filed by the defendant No. 2, Zahur U1 Haque vide Order dated 11-8-1998.

(2.) IN short, the factual matrix giving rise to the present revision indicates that plaintiff-petitioner filed a suit in the year 1994 on deriving title on the strength of sale/deed executed on April 4, 1991 executed by Dakhobai in favour of the present plaintiff-petitioner. The plaintiff has prayed for cancellation of sale deed dated August 5, 1994 executed by defendant No. 1 Harishankar in favour of Zahur Ul Haque, defendant No. 2. The suit was filed in November, 1994.

(3.) THE defendants filed a written statement on January 20, 1996 taking the plea that sale deed executed by Dakhobai in favour of the plaintiff was wholly ineffective being nominal and void transaction and was without consideration. However, in 1998 by way of amendment counter-claim was raised seeking a declaration to the effect that sale deed executed on April 4, 1991 was illegal and void. The trial Court has allowed the application and imposed cost of Rs. 100/ -. The said Order passed by the trial Court has been impugned in the present revision.