PARTHA PRATIM ROY Vs. ROMI ARORA

JUDGEMENT

(1.) This revisional application is directed against an order dtd. 8/2/2024, passed by learned Additional Civil Judge, Junior Division 3rd Court Alipore, 24 Parganas South in Title suit number 950 of 2021, filed by the plaintiff/ Opposite Party on June 13,, 2023, whereby the application filed by the plaintiff for rejection of the counter claim of the defendant has been allowed.

(2.) The fact of the case in a nutshell is that the present Opposite Party being the plaintiff filed a title suit before the Learned Court of Civil Judge Junior Division, 3rd court at Alipore praying for a decree of eviction against the defendant from the suit premises along with damages. The said suit was filed on August 16, 2021 and the present Opposite Party/defendant entered appearance on January 27, 2022 and on March 8, 2022 was fixed for filing written statement with a direction upon the plaintiff to serve copy of the documents to the defendant on said date.

(3.) On June 9, 2022, the defendant made a prayer to extend the time for submission of written statement on the ground of non-service of the copy of the annexure to the plaint was refused on the ground that the statutory period for filing the written statement was over with a direction to show cause as to why the suit should not proceed ex-parte and the date was fixed on July 28, 2022 for showing cause by the defendant/petitioner. On the said date the defendant/ petitioner filed written statement along with counterclaim and petition for acceptance of the written statement with counter claim and also showing cause for the delay. On February 10, 23, the defendant filed a petition under Sec. 151 of the Code of Civil Procedure, praying for filing the deficit, Court fee on the counter claim and after hearing the show cause petition, the written statement was accepted subject to payment of cost of Rs.1000.00 and directed the defendant/petitioner to file the deficit court fee on the counterclaim.