HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10605/2020
Anil Kumar Tank S/o Late Jai Singh Tank
----Petitioner
Versus
Smt. Kalpana Bhatiya @ Sangeeta Bhatiya W/o Mukesh Bhatiya
D/o Mahesh Kumar Tank & Ors.
----Respondents
For Petitioner(s) : Mr. Manak Chand Jain For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 11/08/2021 Learned counsel for the petitioner submits that the application was moved under Order 6 Rule 17 seeking amendment and filing of counterclaim as against the co-defendant.
Learned counsel relied on a judgment passed by the Supreme Court in the case of Rohit Singh & Ors. versus State of Bihar (now State of Jharkhand) reported in (2006) 12 SCC 734 to submit that a defendant would not be entitled to file a cross objection vis-a-vis co-defendant. Issue requires to be examined as the present case relates to partition suit.
Issue notice of the writ petition as well as stay application, returnable within three weeks.
Notice be given "dasti" as prayed. In the meanwhile, further proceedings shall remain stayed.
(SANJEEV PRAKASH SHARMA),J saurabh/5 (Downloaded on 13/08/2021 at 09:40:06 PM) Powered by TCPDF (www.tcpdf.org)