Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9855 of 2018 Petitioner :- Kalpana Yadav Respondent :- Vijay Laxmi And 2 Others Counsel for Petitioner :- Rama Goel Bansal
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order of revisional court dated 3.8.2018 and the order dated 25.2.2017 passed by the trial court in Original Suit No. 228 of 2011 (Smt. Kalpana Yadav vs. Smt. Vijay Laxmi and others), whereby while allowing the application for withdrawal of the said suit, the counterclaim filed by the defendant has been registered and written statement has been invited from the plaintiff of the said suit.
The submission of learned counsel for the petitioner is based on the provisions of Order 8 Rule 6-A of the Code of Civil Procedure, it is contended by learned counsel for the petitioner that the counterclaim was belated and could not have been entertained by the trial court after written statement was filed by the defendant.
Submission is that the defendant could have filed a counterclaim only prior to delivery his defence or before expiry of the time limited for delivering his defence.
However, as to the query made by the Court whether the defendant is barred from bringing a fresh suit, even if, his counterclaim would not have been rejected by the trial court, the answer of learned counsel for the petitioner is 'No'.
For the aforesaid, this Court does not find any justification to entertain the present petition so as to further delay the disposal of the counterclaim registered by the trial court as a fresh suit filed by the defendant.
For the aforesaid, the present petition is dismissed. Order Date :- 26.2.2019 Brijesh