RINZING ONGMU BHUTIA Vs. MAN MAYA TAMANG

JUDGEMENT

(1.) An Order dtd. 31/10/2022 passed by the learned District Judge, East Sikkim at Gangtok (learned District Judge) rejecting an application filed by the plaintiff under Order VII Rule 11 read with Sec. 151 of the Civil Procedure Code, 1908 (CPC) to reject the counter claim of the defendant no.1 is under challenge.

(2.) The plaintiff has invoked the provisions of Sec. 115 of the CPC. Interference under Sec. 115 is called for only if the court whose order is challenged has exercised a jurisdiction not vested in it by law; or has failed to exercise a jurisdiction so vested; or has acted in the exercise of its jurisdiction illegally or with material irregularity.

(3.) The counter claim filed by the defendant no.1 sought for the following reliefs: