PARASRAM Vs. CHANDRABHAN

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed against the order dtd. 23/11/2010 passed by Civil Judge Class II, Ambah in Civil Suit No.48-A/2009 whereby an application under Order 8 Rule 6 of C.P.C. filed by the petitioners for exclusion of a counterclaim filed by respondent No.1 against the petitioners was rejected. The aforesaid application was preferred alleging that since counterclaim is not maintainable against the co- defendants, therefore, the said counterclaim against the petitioners was not maintainable but learned trial Court without considering the legal position has dismissed the said application, hence the present petition.

(2.) None for the petitioners.

(3.) From the facts which had emerged from the petition, it is seen that one Kishorilal had filed a civil suit for declaration of title against respondents No.2 to 6/defendants No.1 to 5 and present petitioners/defendants No. 7 and 8. In the plaint it was averred that the land bearing survey No.1472 admeasuring 0.512, survey no.5100 admeasuring 0.491 and survey no 1501 admeasuring 0.449 situated at Ambah be declared as of his right and title.