BALLABH DASS Vs. S B B J

JUDGEMENT

(1.) As identical legal question arises in both these revision petitions, they are being disposed of by a common order.

(2.) Rule 6-C of Order 8 of the Code of Civil Procedure emphasises by implication that on a general rule a suit claim and a counter claim ought properly to be regarded as constituting a unified proceeding. If the plaintiff wants the counter claim to be excluded he must make an independent application for the purpose. A counter claim can be excluded, under this rule, where the Court finds that it is embarrassing, or the filing of the counter claim is not fair to the plaintiff or where it is likely to create complications and prolong the trial. The objections to the filing of the counter claim under Rule 6-C must be raised in the reply or written statement to the counter claim by the plaintiff. If no such reply or written statement is filed and the counter claim is set down for issues or trial, the plaintiff cannot then make the application for striking off the counter claim.

(3.) In the light of above settled legal position I proceed to examine the points raised in these revisions.