RAJENDRA KUMAR Vs. SHIVRAM SINGH

JUDGEMENT

(1.) Petitioner has filed the present writ petition being aggrieved by order dated 24/08/16 passed in Civil Suit No.464-A/13 by XXI Civil Judge Class-II, Bhopal, District Bhopal, M.P., Shri Prakash Kumar Uikey.

(2.) Respondent Shivram Singh was plaintiff before the trial Court and he had filed a suit for eviction of petitioner Rajendra Kumar and also for arrears of rent and mean profits. Petitioner Rajendra Kumar has filed a counter claim in the civil suit. An ex-party judgment and decree dated 06/08/2014 was passed in RCS No.464-A/13. Plaint filed by the respondent as well as counter claim filed by petitioner was dismissed by said judgment and decree.

(3.) Petitioner filed an application under Order 9 Rule 13 for setting aside ex parte decree so far as his counter claim is concerned. Vide order dated 23/04/2016 application filed by petitioner was allowed and case was brought to its original number. No appeal was filed by respondent-plaintiff challenging dismissal of the civil suit. By impugned order dated 24/08/16, application i.e. I.A. No.1/16 was dismissed by the trial Court. It was stated in this application that case was listed for evidence of defendant on his counterclaim and for filing evidence under Order 18 Rule 4 of C.P.C. for rest of the witnesses of defendant on issue No.6 and 7. Civil suit filed by the plaintiff has already been dismissed and he has not filed any appeal and therefore trial Court had committed an error on fixing the case for cross- examination by the petitioner on affidavit filed by him under Order 18 Rule 4 in support of his plaint.