NOORUDDIN Vs. RABINDRA KUMAR SIRIHA

JUDGEMENT

(1.) THE defendant is the petitioner against the order dated 24-7-2002 passed by Sub-ordinate Judge II, Kishanganj in Eviction Suit No. 8 of 1998 excluding the counter claim under Order VIII, Rule 6C of the Code of Civil Procedure (hereinafter referred to as the Code) on the application filed by the plaintiff/opposite party.

(2.) THE plaintiff/opposite party filed said suit for eviction on the ground of personal necessity against the defendant/petitioner before the Court of Munsif Ist, Kishanganj.

(3.) ADMITTEDLY , the counter claim was beyond the pecuniary jurisdiction of the Court which should not have been entertained in terms of proviso to sub-rule (1) of Rule 6A of Order VIII of the Code. However, the District Judge on the prayer of the petitioner recalled the case from the file of Munsif Ist Court, Kishanganj and transferred it to the Sub-ordinate Judge. The plaintiff/opposite party thereafter filed a petition under Order VIII Rule 6C of the Code for exclusion of the counter claim on the ground that the said claim cannot be adjudicated upon in a suit for eviction on the ground of personal necessity and the learned Subordinate Judge by the impugned order has allowed the exclusion of the counter claim. Hence the present revision application.