ROHINIPATI YADAV Vs. PASUPATI YADAV

JUDGEMENT

(1.) HEARD Mr. L.N. Das, learned counsel for the petitioner and Mr. Sudhir Singh, learned counsel for opp. party no. 21.

(2.) THIS revision application is directed against the order dated 28.2.2002, whereby and whereunder the petition filed on behalf of the petitioner defendant under Order 8, Rule 6 -A of the Code of Civil Procedure (hereinafter to be referred to as the 'Code ') was rejected. It appears that in a partition suit after filing of the written statement defendant no. 20 filed a counter claim against the co -defendant under the provisions of Order 8, Rule 6 -A of the Code saying that some of the joint family properties were not included in the Schedule of the plaint. The learned court below after hearing the parties and considering the pleadings held that that the petition filed under Order 8, Rule 6 -A was not maintainable against the co -defendant at this stage.

(3.) MR . Das, learned counsel for the petitioner submitted that the petitioner was entitled to file such a counter claim in a partition suit even against the co -defendant.