LAWS(P&H)-2018-11-6

SOMANY CERAMIC LTD Vs. RAHUL KAUSHIK

Decided On November 01, 2018
Somany Ceramic Ltd Appellant
V/S
Rahul Kaushik Respondents

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial Court dated 27.08.2018 (Annexure P-7), by which the petitioners' application seeking that issue no. 4 be struck off, has been dismissed. (The issues framed have been reproduced in Annexure P-5 with the petition).

(2.) Issue no. 4 reads as follows:-

(3.) The contention is that in fact the counter-claim made by the respondent-defendant in his written statement, cannot be entertained at all, the contents thereof not having been verified and consequently, the defendant cannot be even referred to as a counter-claimant, as has been done in issue no. 4. In other words, the counter claim is sought to be rejected ab initio.