Anil Kumar Tank S/O Late Jai Singh ... vs Smt. Kalpana Bhatiya @ Sangeeta ...
2021 Latest Caselaw 3561 Raj/2

                                               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

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