ABID HUSSAIN Vs. S.M. RAIS ALAM

JUDGEMENT

(1.) AGAINST the petitioner a suit was filed by the landlord seaking relief of his eviction, arrears of rent and mesne profits. In that suit a written statement was filed by the present petitioner wherein he stated that the had vacated the premises in respect of which the suit has been filed. The petitioner moved two applications. One application was under Order 33, Rules 1 and 2 of the Code of Civil Procedure. The application was rejected as the petitioner was not found indigent person. The second application was under Order 8, Rule 6A of the Code of Civil Procedure setting up a counter claim. The counter claim was also rejected as being barred by time by the trial Court as well as by the Court of revision. The order of the trial Court dated 1.10.1993 and the order of the revisional Court dated 21.3.1995 are under challenge in the present petition.

(2.) THE petitioner submitted that so far as the rejection of the application under Order 33, Rules 1 and 2, C.P.C. is concerned, he has no grievance but so far as the application under Order 8, Rule 6A, C.P.C. is concerned, he is aggrieved. He submitted that under Article 22 of the Indian Limitation Act, the limitation to start from the date of the demand. Article 22 is as extracted below -