UDHAVDAS TYAGI Vs. SRIMURTI RADHAKRISHNA MANDIR

JUDGEMENT

(1.) Applicant/defendant has directed this revision against order dated 18.3.1999 passed by 1st Civil Judge, Class II, Shujalpur in C.S. No. 117-A/98 thereby on application of the non-applicant No. 1 (plaintiff), the trial court rejected the counter claim filed on behalf of the applicant along with his written statement and held that the alleged claim with written statement shall be accepted only as written statement filed under provisions of Order 8, CPC.

(2.) Briefly stated the facts of the case are that - Originally a suit on behalf of the Srimurti Radhakrishana Mandir was filed by one Pujari Maniramdas as manager of the said temple for declaration and injunction with regard to the disputed land entered in the name of temple in revenue papers against respondents 2 to 4. During the pendency of the said suit, Maniramdas expired and in his place name of Mahant Narharidas was substituted as manager of the temple. Lateron an application was filed on behalf of the applicant for impleading him as plaintiff in place of deceased Maniramdas on the ground that he is the CHELLA of deceased Maniramdas and succeeds to the office of the manager of the temple. The application was dismissed by the trial Court. A revision was filed before this court and ultimately by the orders of this court, he was directed to be impleaded as defendant in the pending suit.

(3.) Applicant/defendant after his impleadment in the pending suit filed a written statement in reply to plaint allegation and also filed a counter claim seeking certain reliefs against the non-applicant Nos. 2 to 4, co-defendant of the pending suit. An objection was raised on behalf of the plaintiffs that such a counter claim is not maintainable and it deserves to be excluded from the written statement. Learned trial court by the impugned order allowed the objection raised on behalf of the plaintiffs and directed exclusion of the counter claim from the written statement by the impugned order. Aggrieved the applicant has filed this revision.