SURESH KUMAR Vs. NAGENDRA KUMAR LABH

JUDGEMENT

(1.) THIS revision application is directed against the order dated

(2.) 9.1995 passed by Subordinate Judge, Madhubani whereby the prayer of the plaintiffs -petitioners for exclusion of the counter claim under Order VIII Rule 6C of the Code of Civil Procedure has been rejected and the defendant's counter claim has been accepted for consideration with the direction that the matters regarding court fee and verification may be heard later on. The suit was filed by the plaintiffs for recovery of the amount on account of arrears of rent. The case of the defendant is that Kirayanamas were executed between them but after execution of partnership deed between plaintiff no. 1 and the defendant for running a business of petroleum product, plaintiff no. 1 was bound to render account of business from the date of its start upto the date of inventory and the defendant joined the issue by filling counter claim through written statement. This counter claim has been objected to by the plaintiffs which has been rejected by the impugned order and defendant's counter claim has been accepted.

(3.) MR . Chaudhary, learned counsel appearing for the plaintiffs -petitioners contended that, in fact, this is a suit for recovery of arrears of rent and not a money suit and as such no such counter claim at all is maintainable. It is further contended by him that in the facts and circumstances, the counter claim filed on behalf of the defendant cannot be entertained as it only relates to plaintiff no. 1 and not as against other plaintiffs. On facts also, Mr. Chaudhary tried to suggest that the counter claim raised by the defendant cannot be entertained in the present suit.