LAWS(JHAR)-2018-9-43

GOURI SHANKAR MAHATO Vs. CHEPIA MAHATAIN

Decided On September 26, 2018
Gouri Shankar Mahato Appellant
V/S
Chepia Mahatain Respondents

JUDGEMENT

(1.) The petitioner feels aggrieved of order dated 20.06.2012 passed in Title Suit No.276 of 2007 by which his application under Order VIII Rule 9 CPC has been rejected.

(2.) On a bare reading of the aforesaid application dated 29.01.2010, I come to a conclusion that the petitioner has no reason to feel aggrieved by rejection of that application.

(3.) The provision under Order VIII Rule 9 CPC, is not a provision under the Code for filing written statement by the defendant, except where a counter-claim or a claim for set-off has been raised in the suit. Order VIII Rule 9 CPC reads as under :