MAHESH KUMAR BHAGATMALE Vs. INDRAJEET SINGH

JUDGEMENT

(1.) The present civil misc. application under Article 227 of the Constitution of India is directed against the order dtd. 8/8/2017 passed by learned Sub-Judge, Barsoi, Katihar in Title Suit No. 230 of 2012 whereby counter claim filed by respondent nos. 1 to 9, who are defendants in the suit, has been admitted and the petitioner, who is plaintiff in the suit, has been directed to file rejoinder to the counter claim.

(2.) The petitioner has filed Title Suit No. 230 of 2012 before the learned Sub-Judge 1, Katihar against the respondents-defendants for declaration of his right, title and possession over Schedule-A property and for consequential injunction restraining the respondents from interfering into his peaceful possession over the suit land.

(3.) Learned counsel appearing for the petitioner submitted that the order impugned passed by the court below whereby the counter claim filed under Order VIII Rule 6A of the Code of Civil Procedure (for short 'CPC') has been admitted and the petitioner has been asked to file written statement is patently bad in law as the counter claim was filed after filing of the written statement. He submitted that the same is bad for the reason that no chance was given to the petitioner of hearing or filing rejoinder to the counter claim filed by respondents. He pleaded that counter claim of the respondents could have been admitted only on the basis of evidence of defence, but in this case, the court below had admitted the same at the primary stage when even issues were not settled.