SARABJIT SINGH BASSI Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated August 5, 1999 by which the application under Section 151 CPC filed by the defendant-respondents for restoration of the counter-claim was allowed.

(2.) THE brief facts of the case are that Ujjagar Singh, now represented by his legal representatives, filed a suit for declaration that he is owner to the extent of 1/2 share of electric tubewell installed in the land in the area of Village Bundala. As per order dated 12.2.1999 he along with defendant No. 1- Santokh Singh is using electric connection and paying the electricity bills alternatively. The defendant not only resisted the suit by way of filing the written statement but also filed counter-claim for the recovery of Rs. three lakhs from the plaintiff through his counsel Shri Mohal Lal, Advocate, Phillaur on 7.5.1996. Replication to the counter-claim was filed.

(3.) THE plaintiff, now petitioner, resisted the application on the plea that the counter claim has become time barred. Numerous opportunities were allowed to the defendant to pay the court fee, but he failed to do so and for that reason, the counter claim was withdrawn. The counter claim is based on agreement dated 12.2.1995 and it cannot be revived by this application. Annexure P-1 is copy of the statement made by Shri Mohan Lal, Advocate. It reads as under :-