SHYAM SUNDAR GULATI Vs. ASHOK JAIN

JUDGEMENT

(1.) This civil revision under section 115 of C.P.C. assails interlocutory order passed by the trial court dismissing an application under Order VII Rule 11 of C.P.C. seeking rejection of the counter claim preferred by the defendants No. 1 to 6 against both the plaintiffs as well as 11 other persons, who were not party in the main suit.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) The primary ground raised in this application under Order VII Rule 11 of C.P.C. (Annexure A-5) is that the counter claim under Order VIII Rule 6(A) of C.P.C. cannot lie against persons other than the plaintiffs and since 11 persons have been impleaded as defendants in the counter claim, who are not party in the main suit, the counter claim is sought to be dismissed on that ground alone.