LT.COL.SUNIL KALIA Vs. BRIG.JAGDISH MALHOTRA

JUDGEMENT

(1.) Defendant no.1 has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 18.08.2012 (Annexure P-6) passed by the trial court, thereby permitting respondent no.1-plaintiff to file written statement to counter-claim of defendant no.1, subject to payment of Rs.2,000/- as costs. In suit filed by respondent no.1-plaintiff against defendant no.1-petitioner and defendant no.2 (proforma respondent no.2 herein), defendant no.1 filed counter-claim (Annexure P-2). The case was adjourned for filing of reply thereof by the plaintiff. However, on the date fixed, plaintiff moved application under Order 7 Rule 11 of the Code of Civil Procedure (in short CPC) for rejection of the counter-claim due to nonpayment of court fee. The said application was allowed and defendant no.1 accordingly paid court fee on the counter-claim. Then, application for amendment of plaint was filed by the plaintiff. The said application was also allowed. Case was adjourned to file written statement to the amended plaint. However, since the amendment of plaint was only clerical in nature, no fresh written statement to the amended plaint was filed. Consequently, issues were framed in the case and it was adjourned for evidence.

(2.) After both the parties led evidence, plaintiff moved application (Annexure P-4) for permitting him to file written statement to the counterclaim alleging that after amendment of plaint, the case was not fixed for filing of written statement to the counter-claim, and therefore, inadvertently and due to oversight, written statement to counter-claim could not be filed. Defendant no.1, by filing reply (Annexure P-5), opposed the aforesaid application.

(3.) Learned trial court, vide impugned order (Annexure P-6), has allowed application (Annexure P-4) moved by the plaintiff and has permitted the plaintiff to file written statement to counter-claim of defendant no.1, subject to payment of Rs.2,000/- as costs. Feeling aggrieved, defendant no.1 has filed this revision petition to challenge order Annexure P-6 passed by the trial court.