BABUL CHANDA Vs. JOHNY CHOUDHURY (MD.)

JUDGEMENT

(1.) This First Appeal under Order 41 Rule 1 read with Section 96 of the C.P. Code has been preferred against the judgment and decree, dated 12.03.2013, passed by the learned Civil Judge, Karimganj in Title Suit No. 16/2011, whereby the plaintiff/respondent No. l's suit is decreed and the counter-claim of the defendant/appellants has been dismissed.

(2.) On the other hand, the proforma defendant Nos. 7 and 8 and proforma respondents No. 2 and 3, pleaded, interalia, that they have been unnecessarily impleaded in the suit as there is no cause of action against them.

(3.) Against the counter claim of the defendant/appellants, the plaintiff respondent No. 1 filed written objection denying the contentions made therein. It is pleaded that there is no cause of action for the counter claim and the same is bad for waiver, estoppel and acquiescence. The Plaintiff/respondent No. 1 denied all the material averments made in the counter claim.