ROSHAN GIRI Vs. RAKESH GURUNG

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed against the order dated 24.10.2020, passed by the learned Civil Judge, East Sikkim at Gangtok, in Title Suit No. 25 of 2018, rejecting the counter-claim.

(2.) It is to be noted that by the aforesaid order dated 24.10.2020, the learned trial court had also rejected an application under Order 14 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, for short, the CPC, for framing of an additional issue. Against the rejection of the application under Order 14 Rule 5 read with 151 CPC, the petitioners had filed another petition under Article 227 of the Constitution of India, which is registered as WP (C) No. 44 of 2020.

(3.) Mr. N. Rai, learned Senior Counsel for the petitioners has submitted that the learned court below has committed illegality in rejecting the counter-claim as after framing of issues, the case has not proceeded further. He submits that though evidence of plaintiff and his constituted attorney had been filed, same have not been authenticated and they are also not cross-examined, and therefore, there is no impediment in allowing the counterclaim.