Heard learned advocate Mr. Deepak Shah for the petitioner.
The learned advocate for the petitioner urges that in the order impugned dated 8.11.2011 in Regular Civil Suit No.308 of 2008 below Exh.95, the Court has erroneously excluded paragraphs No. 31 to 37, although he is entitled to maintain counter-claim, which was preferred against both the plaintiff and the co-defendants.
Reliance is placed on the judgment of the Apex Court in the case of Rohit Singh and others vs. State of Bihar (Now State of Jharkhand) and others reported in (2006) 12 SCC 734.
Notice to the respondents returnable on 4.7.2012.
Direct service permitted.
(Ms.
Sonia Gokani, J. ) sudhir Top