PURNA CHANDRA BISWAL Vs. KIRAN KUMARI BRAHMA

JUDGEMENT

(1.) This petition challenges the order dated 22.9.2014 passed by the learned Civil Judge (Sr.Division), Keonjhar in Civil Suit No.100 of 2012. By the said order, the learned trial court excluded the counter claim of the defendant.

(2.) The opposite party as plaintiff instituted the suit for permanent injunction impleading the petitioner as defendant. Pursuant to issuance of summons, the defendant entered appearance and filed a written statement and counter claim seeking declaration of right, title, interest over 'A' schedule property and recovery of possession of 'B' schedule property by evicting the plaintiff, permanent injunction and demarcation.

(3.) While the matter stood thus, the plaintiff filed an application under Order 8, Rule 6 (C) C.P.C. to exclude the counter claim. It is stated that the suit has been instituted in respect of Plot Nos. 85, 89 and 90 appertaining to Khata no.17 of mouza. Jagannathpur, Keonjhar. She has constructed her dwelling house over the same, but then counter claim has been filed in respect of Plot no.38/421 appertaining to Khata no.102/768 of mouza. Jagannathpur, Keonjhar The plaintiff objected the same. The learned trial court came to hold that the defendant has filed a counter claim in respect of the land, which is not the subject matter of the suit. Held so, the learned trial allowed the objection filed by the plaintiff and excluded the counter claim from the written statement and granted liberty to the defendant to institute a fresh suit.