AMIT SHARMA Vs. BIMLA DEVI AND ANOTHER

JUDGEMENT

(1.) The present petition lays challenge to order dated 30.01.2016 passed by the Civil Judge (Junior Division), Ambala, dismissing the application filed by petitioner for permission to file counter claim (Annexure P-5).

(2.) Counsel for the petitioner contends that Bimla Devi (respondent No. 1) has filed a suit for permanent injunction pertaining to a street depicted in the Site Plan appended with the plaint. The petitioner/defendant filed the written statement contesting claim of the respondent/plaintiff. Later, he filed an application for permission to file counter claim and the same has been dis-allowed by the learned trial Court primarily on the ground that application has been filed at a belated stage as the respondent/plaintiff has already closed his evidence and the case is pending for evidence of the defendants. It is vehemently argued that the learned trial Court committed a gross error as it failed to interpret the provisions of Rules 6A to 6C of Order 8 of the Code of Civil Procedure (in short 'CPC') in right perspective. In support of his contention, he has relied upon judgment of the Honourable Supreme Court of India "Mahendra Kumar and another Vs. State of M.P. and others", AIR 1987 (SC) 1395. He has further referred to judgment of the Karnataka High Court "Hanumanthagouda Vs. Bandu @ Bandeppa Venkatesh Kulkarni and others", AIR 2001 (Karnataka) 10 and judgment of the Bombay High Court "Sheshrao Vs. Ganesh", 2006(6) Maharashtra Law Journal 728.

(3.) I have heard counsel for the petitioner and perused the records.