KASSEM GHARAMI Vs. NIAMAT GHARAMI

JUDGEMENT

(1.) The petitioner-defendants are aggrieved by the order passed by the learned Assistant District Judge, 10th Court, Alipore in Title Suit No. 19/86 rejecting the petitioners' additional written statement and counter-claim on the ground that the counter-claim is barred by limitation that the petitioners have not paid the requisite court fee for the said counter-claim.

(2.) Being aggrieved, the defendants-petitioners have moved this Court in revision contending inter alia that the additional written statement and counter-claim filed by the petitioners have given the date on which the course of action arose as 24.12.87 and when admittedly this additional written statement and the counter-claim were filed within three years thereof, the counter-claim could not be rejected by the learned Judge on the ground when the petitioners appealed in this Court on 24.4.86 and prayed for time to file written statement, they can be said to be well acquainted with the facts of the suit at least since that date and consequently, this additional written statement and counter-claim having been filed more than three years thereafter, are barred by limitation.

(3.) The Ld. Advocate for the petitioners submits that a counter-claim be treated as a cross-stilt and when in the said counter-claim the cause of action for filing the said counter-claim has been given as 24.12.87, at stage the counter-claim has to be accepted on its face value and until unless the present opposite parties contend by filing additional written statement that the counter-claim is barred by limitation and on taking evidence the learned Judge finds in favour of the opposite parties, the counter-claim cannot be rejected on the ground on which the learned Judge rejected it.