Ranveer Singh vs Saroj Bai
2022 Latest Caselaw 16660 MP

                                                      1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                          ON THE 15 th OF DECEMBER, 2022
                                     MISCELLANEOUS PETITION No. 6316 of 2019

                           BETWEEN:-
                           1.    RANVEER SINGH S/O SHRI BUNDEL SINGH
                                 RAGHUWANSHI, AGE- 57 YEARS, OCCUPATION:
                                 CULTIVATION,  RESIDENT   OF    VILLAGE
                                 BUDAKHEDA, TEHSIL ARON, DISTRICT GUNA
                                 (MADHYA PRADESH)

                           2.    SURENDRA SINGH S/O SHRI DEEMAN SINGH,
                                 AGE- 52 YEARS, OCCUPATION: CULTIVATION,
                                 RESIDENT OF VILLAGE BUDAKHEDA, TEHSIL
                                 ARON, DISTRICT GUNA (MADHYA PRADESH)

                           3.    NAGENDRA SINGH S/O SHRI DEEMAN SINGH,
                                 AGE- 45 YEARS, OCCUPATION CULTIVATION,
                                 HAMENDRA SINGH, S/O SHRI DEEMAN SINGH,
                                 AGE   40   YEARS, RESIDENT OF VILLAGE
                                 BUDAKHEDA, TEHSIL ARON, DISTRICT GUNA
                                 (MADHYA PRADESH)

                           4.    KOMAL BAI WD/O LATE SHRI DEEMAN SINGH
                                 RAGHUWANSHI, AGE- 75 YEARS, OCCUPATION
                                 NOTHING, RESIDENT OF VILLAGE BUDAKHEDA,
                                 TEHSIL ARON, DISTRICT GUNA (MADHYA
                                 PRADESH)

                                                                            .....PETITIONERS
                           (BY SHRI RAJNISH SHARMA - ADVOCATE)

                           AND
                           1.    SAROJ BAI W/O SHRI NEERAJ RAGHUWANSHI,
                                 AGE-   30  YEARS RESIDENT OF VILLAGE
                                 BUDAKHEDA, TEHSIL ARON, DISTRCIT GUNA
                                 (MADHYA PRADESH),

                           2.    HARVEER SINGH S/O SHRI BUNDLE SINGH
                                 RAGHUWANSHI, AGE 60 YEARS, RESIDENT OF
                                 VILLAGE BUDAKHEDA, TEHSIL ARON, DISTRICT
                                 GUNA (MADHYA PRADESH)
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 15-12-2022
03:19:23 PM
                                                       2
                           3.    BALRAM S/O SHRI BUNDEL SINGH, AGE 55
                                 YEARS, RESIDENT OF VILLAGE BUDAKHEDA,
                                 TEHSIL ARON, DISTRICT GUNA (MADHYA
                                 PRADESH)

                           4.    RAJKUMARI D/O SHRI BUNDEL SINGH, AGE 45
                                 YEARS, RESIDENT OF VILLAGE BUDAKHEDA,
                                 TEHSIL ARON, DISTRICT GUNA (MADHYA
                                 PRADESH),

                           5.    RAMKALI WD/O LATE SHRI BUNDEL SINGH
                                 RAGHUWANSHI, AGED 80 YEARS, RESIDENT OF
                                 VILLAGE BUDAKHEDA, TEHSIL ARON, DISTRICT
                                 GUNA (MADHYA PRADESH)

                           6.    GOLU S/O SHRI ASHOK SINGH RAGHUWANSHI,
                                 AGED   50  YEARS, RESIDENT OF VILLAGE
                                 BUDAKHEDA, TEHSIL ARON, DISTRICT GUNA
                                 (MADHYA PRADESH)

                           7.    BHURIA BAI, D/O SHRI BUNDEL SINGH
                                 RAGHUWANSHI, AGED 50 YEARS, RESIDENT OF
                                 VILLAGE BUDAKHEDA, TEHSIL ARON, DISTRICT
                                 GUNA (MADHYA PRADESH)

                           8.    PRADEEP S/O SHRI ASHOK SINGH RAGHUWASHI,
                                 AGED   25    YEARS RESIDENT OF VILLAGE
                                 BUDAKHEDA, TEHSIL ARON, DISTRICT GUNA
                                 (MADHYA PRADESH)

                           9.    SUKHWATI WD/O LATE SHRI ASHOK SINGH
                                 RAGHUWANSHI, AGED 50 YEARS, RESIDENT OF
                                 VILLAGE BUDAKHEDA, TEHSIL ARON, DISTRICT
                                 GUNA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI MAHESH GOYAL - ADVOCATE FOR RESPONDENT NO.1)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 22/10/2019 passed by Civil Judge Class-1, Aron, District Guna (M.P.) in Civil Suit No.11-A/2019, by which the counter-claim

Signature Not Verified filed by the respondent on 24/09/2019 has been allowed. Signed by: SHUBHANKAR MISHRA Signing time: 15-12-2022 03:19:23 PM

Challenging the order passed by the Court below it is submitted by the counsel for the petitioner that since the counter-claim was filed subsequent to framing of issues, therefore it is not maintainable and to buttress his contentions, the counsel for the petitioners has relied upon the judgment passed by the Supreme Court in the case of Ashok Kumar Kalra Vs. Wing Cdr. Surendra Agnihotri & Ors. decided on 19/11/2019 in SLP (C) No.23599 of 2018.

Per contra, it is submitted by the counsel for the respondent that in fact the counter claim is based on subsequent events which arose only after submission of written statement and therefore the counter-claim was rightly allowed as there was no delay in filing the same.

Heard the learned counsel for the parties. Order 8 Rule 6A of CPC reads as under:-

"6A. Counter-claim by defendant. - (1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:

Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court.

(2) Such counter-claim shall have the same effect as a cross- suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the Court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints."

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 15-12-2022 03:19:23 PM

From plain reading of the aforesaid provision, it is clear that the counter- claim can be filed in respect of a cause of action which has arisen either before filing of suit or before delivery of defence of the defendant.

In the present case, the respondent has specifically mentioned in her counter-claim that on 10/09/2019, the plaintiffs went to the field and extended a threat to vacate the premises and thus it was prayed that if the defendant is forcibly evicted then it would cause irreparable loss and accordingly, counter- claim for declaration of title on the basis of the sale deed as well as permanent injunction was filed. It is not out of place to mention here that the written statement was filed by the defendant on 11/07/2019. Thus, in the counter-claim it has been specifically pleaded that the cause of action for filing counter-claim has arisen after the filing of written statement.

Under these circumstances, this Court is of the considered opinion that the counter-claim was even otherwise not maintainable. Unfortunately, this aspect has escaped from the notice of the Trial Court.

Accordingly, order dated 22/10/2019 passed by Civil Judge Class-1, Aron, District Guna (M.P.) in Civil Suit No.11-A/19 is hereby set aside.

The petition succeeds and is hereby allowed. Needless to mention that since the counter-claim has been dismissed as not maintainable, therefore the respondent shall be at liberty to avail any statutory remedy which may be available to her in accordance with law.

(G.S. AHLUWALIA) JUDGE Shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 15-12-2022 03:19:23 PM