PAVNEET KAUR Vs. JASVINDER SINGH

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing order dated 05.10.2010, Annex.-7 by which learned trial Court took the counter-claim filed by the defendants on record. Learned counsel for the petitioner submits that trial Court has committed a gross error while taking the counter-claim on record after 90 days.

(2.) As per facts of the case, a suit was filed on 11.04.2009 and, admittedly, counter-claim has been filed after filing reply. Further, it is submitted that the counter-claim has not been filed upon proper court-fee, therefore, the order impugned deserves to be quashed. Learned counsel for the petitioner invited my attention towards the fact that that learned trial Court has not properly considered the judgment cited before the Court for the purpose of refusing to take the counter-claim on record, therefore, the impugned order deserves to be quashed.

(3.) Per contra, learned counsel appearing on behalf of the respondent submits that as per judgment of the Hon'ble Supreme Court, reported in AIR 2008 SC 2003, the counterclaim cannot be filed for the cause of action which arose after filing written-statement; but, here, in this case the facts are altogether different because defendant No.2 filed counter-claim for the cause of action which arose prior to filing the written-statement. Therefore, the contention of the petitioner deserves to be rejected.