RAJA RAM DAL MILL Vs. GAYATRI DEBI

JUDGEMENT

(1.) By filing an application under Order XLVII Rule 1 of the Code of Civil Procedure, the plaintiff/petitioner sought for review of this Court's order dated 27th February, 2008. By the said order, this Court dismissed the Revisional Application, being CO. No. 3417 of 2005.

(2.) The backdrop of the present case may briefly be stated as follows : - The petitioners, as plaintiffs, filed a suit before the learned 2nd Court of Civil Judge (Jr. Divn.), Sealdah, praying for a decree declaring their tenancy right in respect of two tenancies as well as for other reliefs. The said suit was contested by the defendant by filing written statement on 14 June, 2001. On 8 January, 2002, the defendant filed a counter-claim under Order VIII Rule 6A of the Code of Civil Procedure praying for a decree for recovery of possession, mesne profit and other reliefs. Plaintiffs, by filing an application, claimed that the counter claim having been filed long after filing of the written statement is not maintainable. Plaintiffs, thus, prayed for striking out of the counter-claim. Learned Trial Court, by order dated 1st September, 2005, rejected the petition.

(3.) Being aggrieved by and dissatisfied with the said order dated 1st September, 2005, the plaintiffs, as petitioners, approached this Court with an application under Article 227 of the Constitution.