AMBARAM Vs. JADULAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioners/plaintiffs against the order dtd. 06/03/2021, passed in Civil Suit No.58-A/2019 by the First Civil Judge, Class-I, Badnagar, District Ujjain (M.P.) whereby the petitioners/plaintiffs' application filed under Order 7 Rule 11 of CPC in respect of the counter claim filed by defendants No.1 to 4 and 7 has been rejected.

(2.) In brief, the facts of the case are that the plaintiffs have filed a civil suit for declaration and injunction in respect of an agricultural land situated at Village Peerjhalar, Tehsil Badnagar, District Ujjain. The suit was filed on 21/04/2017, initially against the defendants No.1 to 6 only, and subsequently, defendant no.7 was also added. The written statement was filed by defendants No.1 to 3 on 09/08/2017, and since the defendant No.4 was proceeded exparte, his application to set aside the exparte order was allowed and he was directed to file the written statement, hence, the written statement was filed by defendants No.4 and 7 on 22/01/2021, who also filed a counter claim along with defendants No.1 to 3 on the same date i.e., 22/01/2021.

(3.) In respect of the maintainability of the aforesaid counter claim, the plaintiffs filed an application under Order 7 Rule 11 of CPC contending that the counter claim filed by defendants is barred under Order 8 Rule 6A of CPC for the reason that the defendants No.1 to 3 had already filed their written statements and hence, they cannot be allowed to join in the counter filed by the other defendants. The aforesaid application has been rejected by the learned Judge of the Trial Court holding that since the defendants No.4 and 7 had filed the written statement and the counter claim after they were given an opportunity to file the same, it cannot be said that their counter claim is not maintainable and it would also lead to multiplicity of the litigation.