SARAT CHANDRA BAL Vs. NALIN DAS

JUDGEMENT

(1.) This petition challenges the order dated 20.7.2016, passed by the learned Civil Judge (Senior Division), Rairangpur in C.S. No.118 of 2011, whereby and whereunder, learned trial court has rejected the counter-claim of defendant nos.2, 4 to 6, 15 to 19 and 21.

(2.) Plaintiff-opposite party no.1 instituted the suit for partition. Defendant nos.2, 4 to 6, 15 to 19 and 21 have filed the written statement in the year 2012. While matter stood thus, they filed a counter-claim on 30.06.2016 stating that their ancestral property appertaining to Khata No.92 of village Rairangpur has been wrongly recorded in the Hal R.O.R. The cause of action for filing counter-claim arose after filing the suit and before filing of the written statement. Plaintiff filed an objection to the same. Learned trial court rejected the counter- claim holding that Hal ROR has been published in the year 1985. The cause of action for filing counter-claim arose much prior to institution of the suit.

(3.) Heard Mr.A.Mishra, learned counsel for the petitioner. None appears for the opposite party nos.1 to 26.