OM PRAKASH MALVIYA Vs. SHAMBHUNATH SINGH

JUDGEMENT

(1.) THIS revision petition under Section 115 of the cpc has been filed against the order dated 23. 3. 09 passed by the Trial Court rejecting the application under Order 7 Rule 11 CPC filed by the applicants for dismissal of the counter claim.

(2.) THE facts are that the respondent no. 1 (plaintiff) had filed a Civil Suit 8-A/06 pleading that he is lawfully elected Regional Secretary of the Regional Office,singraouli of Rashtriya Colliery Mazdoor, Sangh. He also claimed a relief that the defendant no. 1 to 7 (applicant herein)Jbe restrained from permanent injunction from interfering in the working of the respondent no. 1 as Secretary of the Regional officer of the Sangh. The suit was opposed by the applicants by filing the written statement. The separate written statement and counter claim was filed by Aditya narayan Mishra, the respondent no. 3, who was defendant no. 9 in the suit. In the counter claim the respondent no. 3 claimed a relief that he is legally elected regional Secretary of Rashtriya Colliery Mazdoor Sangh, and further that a relief of permanent injunction restraining the plaintiff as well as defendant no. 1 to 7 from interfering in his working.

(3.) THE present applicants filed written statements to the counter claim of the respondent no. 3 and opposed it. The respondent no. 1 later did not appear in the suit and the suit was dismissed for want of prosecution but the trial court continued the proceeding in the counter claim filed by the respondent no. 3.