VIJENDRA SINGH Vs. COL.(DR.) MAHENDRA SINGH

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the order dated 20/10/2015 passed by 10 th Additional District Judge, Bhopal in Civil Suit No.200 -A/2010 whereby learned Judge has allowed the application filed by the respondent/ plaintiff under Order 7 Rule 11 of CPC and dismissed the counter claim filed by the appellant/defendant.

(2.) The plaintiff has filed civil suit for declaration of title as well as for possession and mesne profit. After receiving the summon, the appellant filed written statement denying all plaint allegations. The appellant has also filed a counter claim under Order 8 Rule 6 -A of CPC. The respondent who is plaintiff in the original suit has filed written statement of the counter claim. The trial Court has framed issues regarding the counter claim filed by the appellant. The respondent thereafter filed an application under Order 7 Rule 11 of CPC for rejection of the counter claim on the ground that the counter claim is barred by limitation. The appellant filed his detailed reply of the said application and submitted that whether the counter claim is barred by limitation, is a mixed question of law and fact which can be decided only after recording the evidence.

(3.) The trial Court vide order dated 20/10/2015 has allowed the application filed by the respondent under Order 7 Rule 11 of CPC and rejected the counter claim filed by the appellant on the ground of limitation. Being aggrieved by that order, the appellant has filed the present appeal.