AMARENDRA KUMAR DAS Vs. RANAJIT KAKATI

JUDGEMENT

(1.) Heard Ms. M. Bora, learned counsel, appearing on behalf of the appellant. Also heard Mr. NN Jha, learned counsel appearing on behalf of the respondent.

(2.) The order impugned in this first appeal is an order dated 16.12.2016, passed by the learned Civil Judge, No. 3, Kamrup (M), Guwahati in Title Suit No. 142/2015. The respondent/ plaintiff filed Title Suit No. 142/2015 against the present appellant/ defendant for declaration of right, title, interest, confirmation of possession, recovery of possession and cancellation of the sale deed and for permanent injunction. The present appellant, who was impleaded as defendant No. 1 filed his written statement alongwith the counter- claim claiming compensation and damages of Rs. 50,00,000.00 against the plaintiff/ respondent. The respondent/ plaintiff in their written statement filed against the said counter-claim denied the claim so made and prayed for dismissal of the counterclaim with costs.

(3.) In the written statement against the counter claim, the respondent/ plaintiff also took the plea that the counter claim is supposed to be treated as a plaint as per sub-rule (4) of Rule 6A of Order VIII of the Code of Civil Procedure, 1908 (CPC), so the same is liable to be rejected under Order VII Rule 11 CPC. Thereafter the respondent/ plaintiff filed a separate petition under Order VII Rule 11 of the CPC praying thereby for rejection of the counter-claim. The appellant/ defendant No. 1 also filed an objection against the said petition No. 5244/15. The Court below by the impugned order rejected the counter-claim invoking the jurisdiction under Order 7 Rule 11 (d) of the CPC.