TEJ PAL KESRI Vs. MOHAN LAL SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated October 3, 1988 whereby the application filed by the defendant by filing counter claim was dismissed.

(2.) The plaintiff filed the suit for rendition of accounts. After the plaintiff's evidence was closed and the case was fixed for evidence of the defendant, latter moved an application for filing counter claim pleading, inter alia, that during the pendency of the present suit, mother of the parties expired on 5th December, 1985, and, therefore, the house situated in village Katu, district Sangrur, which was occupied by their mother, is to be partitioned and the property left by their mother in the said house is to be accounted for by the plaintiff and delivered the share of the defendant out of that property to him. This application was resisted on behalf of the plaintiff, inter alia, on the ground that no such counter claim was maintainable at this stage. The other allegations were also denied.

(3.) However, the trial Court relying upon the judgment of Orissa High Court in Kashi v. Paramanands, 1985 AIR(Ori) 260 in which it was held that the counter claim should be filed only along with the written statement, dismissed the application.