KUSUM JAIN Vs. VINAY KUMAR AGARWALLA

JUDGEMENT

(1.) This revisional application is arising out of an order passed by the Civil Judge, Senior Division in connection with an application filed by the petitioner/defendant under Order 8 Rule 6-A C.P.C. on 21st March, 2009.

(2.) In or about 22nd September, 1999, the plaintiff instituted a suit for recovery of money lent and advanced. The petitioner/defendant entered appearance and filed a written statement in which the defendant essentially asked for a set off on the ground that the defendant made over valuable ornaments worth Rs.20 lakhs to the plaintiff and the plaintiff wrongfully and illegally retained such ornaments. It was contended in the written statement that the plaintiff did not return such valuable ornaments and the value and worth of such ornaments far exceed the alleged claim in the plaint. Accordingly in Paragraph 8 of the written statement, the defendant contended that the plaintiff is not entitled to get any relief in the suit and the suit is liable to be dismissed. The defendant also contended that in spite of notice, the plaintiff had failed to return such valuable instruments and the defendant reserved the right to make a counter-claim by way of set off.

(3.) Almost after 9 years on 21st March, 2009, the defendant filed an application under Order 8 Rule 6A of the Code of Civil Procedure making a counter-claim in which a prayer was made for a decree of mandatory order directing the plaintiff to return the diamond rings as set out in the Schedule and in the alternative decree for Rs.20 lakhs being the price of the diamond rings which are claimed to have been illegally and wrongfully retained by the plaintiff.