PANCHDEO RAI Vs. SHYAMA NAND MISHRA

JUDGEMENT

(1.) Heard Mr. Nagendra Rai, the learned counsel appearing on behalf of the petitioners and Mr. S.S. Dwivedi, the learned senior counsel appearing on behalf of the respondents.

(2.) The petitioners have filed this civil miscellaneous petition under Article 227 of the Constitution of India for setting aside the order dtd. 8/6/2017, passed by learned Sub-Judge- 4, Chapra in Title Suit No.1151 of 2013.

(3.) The petitioners are defendants no.9 and 10 in the suit. Petitioners filed W.S. on 14/12/2015 and thereafter filed counter claim on 11/5/2017 for declaration that the gift deed executed by Kapildeo Mishra and his wife in favour of the plaintiffs are illegal, null and void and not binding on the defendants. The plaintiff in the suit prayed for declaration of the five sale deeds executed by defendants no.9 and 10 in favour of defendant 1 st set as illegal, void and without any title. The counter claim of the petitioners has been rejected by the court mainly on the ground; (i) the defendant should have stated about the counter claim in his Written Statement in view of the provisions under Order VIII Rule 6-B of the Code of Civil Procedure and (ii) the defendants have already stated in the plaint about the cancellation of the deed of gift dtd. 31/8/1984 on 16/10/1984 and on such the relief for cancellation of such gift deed is not maintainable as the cancelled deed does not require to be cancelled by the court.