Nand Kishore Singh And ANR v. Ramdeo Sahu And ANR
Patna High Court C.Misc. No.449 of 2016 (2) dt.08-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.449 of 2016 ====================================================== Nand Kishore Singh & Anr .... .... Appellant/s
Versus
Ramdeo Sahu & Anr .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Jagdish Prasad Singh For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-08-2016 Heard the learned counsel for the petitioner. Perused the order dated 18.05.2016 passed in Title Suit No.96 of 2002.
Admittedly, the written statement has been filed by the petitioner in the year 2005. Subsequently, by way of amendment, counter claim has been filed by the petitioner on the ground that subsequently in the year 2010, the plaintiff has dispossessed the defendant petitioner.
In view of the amendment application, it is admitted fact that cause of action arose in 2010. Under Order 8 Rule 6A provides that '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
Patna High Court C.Misc. No.449 of 2016 (2) dt.08-08-2016 defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counterclaim is in the nature of a claim for damages or not.' In view of this provision cause of action must arose prior to filing of defence. The learned Court below has rightly rejected the counter claim filed by the petitioner by way of amendment in the written statement.
I, therefore, find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this Civil Misc. Application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T