PRABIR KUMAR HALDER Vs. SUBIR KUMAR HALDAR

JUDGEMENT

(1.) Order impugned No.74 dated 11th May, 2015 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No.1560 of 2004 refusing to pass a preliminary decree of partition on admission made by the defendant/opposite party, in terms of Order 12, Rule 6 of the Code of Civil Procedure is under challenge in this revisional application.

(2.) Learned Counsel appearing for the plaintiff/ petitioner submits that a suit for partition was instituted by the plaintiff/petitioner. The defendant/opposite party admitted plaintiff/petitioners half share in the property by filing written statement with a counter-claim praying for specific performance of contract as regards that 50% share of the plaintiff/petitioner.

(3.) Learned Counsel submits that filing of counter-claim in no way prevent the learned Court below to pass a preliminary decree in the partition suit and in case a preliminary decree is passed on the basis of admission, in no way the counter-claim made by the defendant/ opposite party would be defeated and/or cannot be adjudicated subsequent to that preliminary decree if passed by the learned Court below.