TULSHI CHHETRI Vs. DEEPA CHETTRI

JUDGEMENT

(1.) The two writ petitions challenging the impugned Orders both dtd. 22/12/2023 are taken up together for disposal as it raises identical issues in two civil suits i.e. Title Suit Case No. 33 of 2022 and Title Suit Case No. 34 of 2022 respectively. In both civil suits identical applications under Order 8 Rule 9 of the Code of Civil Procedure, 1908 (CPC) have been preferred by the petitioners (defendants in the civil suit) which were rejected by the learned Civil Judge, Senior Division, Gangtok (Civil Judge) disallowing them to file their counter claims.

(2.) It seems the suits were filed on 17/8/2022 by the respondent herein (plaintiff in the Civil Suit) seeking possession, declaration and injunction against the petitioners. On 2/11/2022 the petitioners filed their written statements. According to the petitioners thereafter, on 2/11/2023 a counter claims were served to the respondent by them but due to the absence of any application to place the counter claims on record the same were not brought on record. On 16/11/2023 the applications under Order 8 Rule 9 of the CPC were filed by the petitioners without the proposed counter claims which were heard on 30/11/2023 and rejected vide the impugned Orders dtd. 22/12/2023.

(3.) According to the learned Senior Counsel as well as the learned counsel appearing for the parties the issues have not been framed as yet.