- (1.) The opposite party no.1 as plaintiff instituted a suit praying for declaration and injunction in the Court of the learned Civil Judge (Senior Division), 2nd Court at Barasat (Title Suit No.8 of 2002). The petitioner, inter alia, was defendant no.3 in the suit, while the opposite parties 2 and 3 herein were defendants 1 and 2 respectively.
(2.) The defendant no.3/petitioner raised a counter-claim in accordance with provisions contained in Order VIII Rule 6A of the Code of Civil Procedure (hereafter the Code).
(3.) The suit was posted for hearing before the learned Judge on August 25, 2010. The plaintiff/opposite party no.1 and the defendant no.3/petitioner filed petitions praying for time. The other defendants were present by filing haziras.;