KAMLESH GUPTA Vs. BHOLANATH AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 17.07.2019 (wrongly mentioned in the writ petition as 07.08.2019) passed by 12th Civil Judge, Class-I, Gwalior in Civil Suit No. 188-A/2009, by which the application filed by the petitioners / defendants No. 1 and 3 under Order 8 Rule A and C read with Section 151 of CPC has been rejected. The order dated 08.02.2016 has also been challenged, by which the Trial Court had allowed the application under Order 6 Rule 17 of CPC while rejecting the objection raised by the petitioner about the maintainability of counter claim. Although two orders have been challenged by the petitioners but they have paid only one set of Court fee and has filed one consolidated petition.

(2.) Accordingly, the petitioner is directed to pay the second set of Court fee.

(3.) It appears that the plaint was amended and it was also prayed that the sale deed dated 23.04.1988 executed in favour of the defendants No. 1 to 3 and the partition deed dated 27.08.1997 which had taken place between the defendants No. 1 to 3 as well as the sale deed dated 20.02.2001 are null and void to the extent of the plaintiff.