HARI SINGH KAPUR Vs. AJIT KUMAR KAPUR

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India read with Section 151 CPC is directed against the order dated 23-2-2008 passed by the learned Civil Judge (Jr. Divn.), Kapurthala attached as Annexure P-5, whereby the counter claim filed by the petitioner has been held to be not maintainable.

(2.) THE plaintiff-respondent No. 1 filed a suit against the petitioner for mandatory injunction directing the petitioner herein to deliver vacant possession of house No. 44 situated at Mohalla Kaimpura, Kapurthala fully detailed and described in the site plan attached with the plaint. In the suit the arrears of license fee and damages for use and occupation were also claimed.

(3.) THE learned trial Court came to the conclusion that the reading of Order 8 Rule 6-A of the CPC would show that the counter claim can be filed only in respect of the cause of action accrued to the defendant against the plaintiff and, thus, the counter claim could be filed only qua the parties to the suit and the persons who were not party to the original suit cannot be added as defendants in the counter claim.