PATO Vs. ABHILAKH SINGH

JUDGEMENT

(1.) THE petitioners/defendants No.1 to 5 have impugned the order dated 26.6.2013 passed in Civil Suit No. 55A/2012 by Civil Judge Class -1, Mehgaon.

(2.) THE plaintiff/respondent No.1 filed a suit for permanent injunction. In the said suit, the petitioners/defendants No.1 to 5 filed written statement on 4.5.2012. Thereafter, an application under Order 6 Rule 17, read with Section 151, CPC, (Annexure P -3) is filed by the present petitioners on 18.3.2013. The said application was opposed by filing reply by plaintiff on 10.4.2013. By filing the said application for amendment, the petitioners have submitted their counter claim. The said counter claim was rejected by court below on the ground that after filing the written statement if cause of action has arisen, the counter claim cannot be filed, although a separate suit can be filed. Assailing this order, the present petition is filed on the ground that the court below has erred in holding that the cause of action accrued to the defendants after filing the written statement. By taking this Court to the pleadings of the amendment application, it is contended that cause of action arose for counter claim before filing of written statement and court below has erred in passing the said order.

(3.) I have heard learned counsel for the parties and perused the record.