Madras High Court
P.Karthi vs M.Balamurugan on 9 March, 2022
C.R.P(MD).No.1670 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.03.2022
CORAM:
THE HONOURABLE MRS. JUSTICE S.ANANTHI
C.R.P(MD).No.1670 of 2021
and
C.M.P(MD).No.9031 of 2021
P.Karthi ...Petitioner/Defendant
Vs.
M.Balamurugan ...Respondent/Plaintiff
PRAYER : This Civil Revision Petition is filed under Section 227 of the
Constitution of India, to set aside the order passed in I.A.No.450 of 2021 in
O.S.No.100 of 2013, dated 13.09.2021 on the file of the District Munsif
Court, Vadipatti by allowing this Civil Revision Petition.
For Petitioner : Mr.V.S.Kishok Kumar
For Respondent : Mr.S.Manohar
ORDER
This Civil Revision Petition has been filed to set aside the order
passed in I.A.No.450 of 2021 in O.S.No.100 of 2013, dated 13.09.2021 on
the file of the learned District Munsif, Vadipatti.
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C.R.P(MD).No.1670 of 2021
2.I.A.No.450 of 2021 was filed by the revision
petitioner/defendant under Section 151 of CPC, to receive the counter claim
statement, which was dismissed by the learned District Munsif, Vadipatti.
Aggrieved by the said order, the revision petitioner/defendant has filed this
Civil Revision Petition.
3.Originally the written statement was filed by the revision
petitioner/defendant on 15.12.2015, in which, he has not stated anything
about partition deed dated 18.10.1985 and in view of the same, S.No.580/27
was marked as northern side wall of the plaintiff's property. When the case
is posted for cross examination of PW1, he filed counter claim regarding
S.No.580/27 in the year 2021. The counter claim of the revision
petitioner/defendant has to be filed even before filing written statement.
4.As per judgment reported in 2016-4-L.W.296 in the case of
Vijay Prakash Jarath vs Tej Prakash Jarath, counter claim can be filed
after adducing evidence. But in this case on hand, the subject matter is
different. He already raised plea in his written statement that pathway is
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C.R.P(MD).No.1670 of 2021
exclusively belonged to him. The trial Court can decide the issue on the
basis of written statement. Since the suit property is also different and the
counter claim was filed belatedly, the trial Court has rightly dismissed the
said .I.A.No.450 of 2021. This Court finds no valid reason to interfere with
the order of the Court below. The revision petitioner/defendant had any
right over S.No.580/27 and if he has any dispute regarding S.No.580/27, he
can file separate suit.
5.In view of the above, this Civil Revision Petition is dismissed
by confirming the order, dated 13.09.2021 made in I.A.No.450 of 2021 in
O.S.No.100 of 2013 on the file of the District Munsif Court, Vadipatti.
No costs. Consequently connected miscellaneous petition is closed.
09.03.2022
Index : Yes / No
Internet : Yes / No
vsd
To
The District Munsif,
Vadipatti.
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C.R.P(MD).No.1670 of 2021
S.ANANTHI, J.
vsd
C.R.P(MD).No.1670 of 2021
and
C.M.P(MD).No.9031 of 2021
09.03.2022
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