NIROTTAM SHARMA Vs. RAMKISHORE SON OF JWALA PRASAD

JUDGEMENT

(1.) The short question involved in the present petition is whether on consideration of facts & circumstances, where the Court does not grant time to the plaintiff to file reply to the counter claim, can a prayer be made by the plaintiff for filing reply or not? and can such a prayer subsequently be rejected on the ground of delay in making such a prayer.

(2.) Facts of the case reveal that a suit was filed for permanent injunction to which written statement was filed on 5.2014. In the written statement itself, the defendant raised its counter claim and also deposited Court fees, thereto.

(3.) However, as has come out from the order sheets of the trial Court, the trial Court while taking on record the written statement, did not take note of the counter claim filed by the defendant nor it gave any time in terms to file reply to the plaintiff, in terms of order 8 Rule 6A(3) . The suit proceeded with framing of issue and thereafter, it appears that the plaintiff thereafter engaged other counsel who on examination of the record found that the counter claim had not been taken on record, nor time to file reply had been granted by the Court below to the plaintiff. Faced with such a situation, the application was moved by the counsel for the plaintiff stating the aforesaid facts and also mentioning that earlier the factual and legal position was not known to the plaintiff and as soon as it has been informed, he has prayed for giving him time to file reply to the counter claim. The said application has been rejected. It may be noted that in the said application, it has also been prayed for granting time to file rejoinder, which has also been rejected by the counter impugned order dated 18.11.2016.