HEERA LAL Vs. SHIV KUMAR

JUDGEMENT

(1.) THE present revision petition has been filed by the plaintiff, who was defendant in counter -claim filed by the defendant in the present suit, which was purportedly filed for recovery of money only on the basis of dishonour of cheques of the defendant. Both the parties are real brothers.

(2.) THE plaintiff claimed the said amount on the basis of settlement of the parties upon partition of the family properties, in which two cheques of Rs. 50,000/ - each were given by the defendant -Shiv Kumar to the plaintiff -Heera Lal. Upon their dishonour, the plaintiff -Heera Lal filed the present civil suit.

(3.) THE plaintiff filed the present application under Order 7 Rule 11 read with Order 8 Rule 6 -C CPC for rejection of the said counter -claim, as it would go beyond the scope of money recovery suit filed by the plaintiff and such counterclaim, according to the plaintiff, was not maintainable.