RAJESH KUMAR TALWAR Vs. BALKAR SINGH

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been filed by the defendant, assailing the impugned order dated 25.4.2009 (Annexure P -6) passed by the Civil Judge (Sr. Division), Kangra, H.P., whereby his application filed under Order 6 Rule 17 CPC stands rejected.

(2.) ON 8.12.2005, the plaintiff (respondent herein) filed a suit for recovery of a sum of Rs.3,20,000/ -against the defendant (petitioner herein). On 4.10.2004, the partied entered into an agreement whereby the defendant sold his vehicle to the plaintiff subject to certain terms and conditions contained therein. The defendant filed his written statement on 23.10.2007, disputing the plaintiffs claim.

(3.) THE Court below rejected the application for the reason that (i) no sufficient cause had been disclosed for not incorporating the counter claim in the written statement, (ii) ; the period of limitation for seeking the relief had expired, (iii) keeping in view the provisions of Order 8 Rule 6 -A CPC, the stage of filing the counter claim was over.