Gangaram Patel vs Lacchi Bai
2023 Latest Caselaw 14198 MP

                                                             1
                           IN      THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                               ON THE 29 th OF AUGUST, 2023
                                              MISC. PETITION No. 5046 of 2023

                          BETWEEN:-
                          GAN GAR AM PATEL S/O NANDRAM PATEL, AGED
                          ABOUT 56 YEARS, OCCUPATION: AGRICULTURIST R/O
                          VILLAGE KANDIPUR TEHSIL AND DISTRICT DAMOH
                          (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                          AND
                          LACCHI BAI W/O BEDI LAL SAHU, AGED ABOUT 52
                          YE A R S , OCCUPATION: HOUSEWIFE R/O VILLAGE
                          SAUJANA TEHSIL PATERA DISTRICT DAMOH (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (NONE)

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

By the instant petition filed under Article 227 of the Constitution of India, the petitioner is questioning the validity of the order dated 21.08.2023 (Annexure-P/4) passed in pending suit i.e. Civil Suit No.5A/17 whereby the counter claim submitted by the applicant under Order 8 Rule 6 of the Code of Civil Procedure has been rejected by the Court taking shelter of limitation prescribed under Order 8 Rule 6A of CPC.

2. As per the impugned order, a civil suit had been filed in the year 2017, written statement was filed on 31.01.2017 by the defendant and case was fixed Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 8/31/2023 10:42:37 AM

for recording of evidence, which was continued with recording of plaintiff's evidence and thereafter a counter claim was preferred which has been rejected by the trial Court taking shelter of the provisions provided under Order 8 Rule 6-A of CPC which 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."

3. Considering the aforesaid and taking note of the reasons assigned n the impugned order, I am of the opinion that nothing illegal is committed by the trial Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 8/31/2023 10:42:37 AM

Court. The trial Court has not exceeded its jurisdiction and as such, the impugned order does not suffer from any patent illegality.

4. The petition being without any substance is hereby dismissed.

(SANJAY DWIVEDI) JUDGE ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 8/31/2023 10:42:37 AM