DEBI PRASANNA PATTANAIK Vs. AMULYA PRASAD NAYAK

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 16/12/2017 (Annexure-3) passed by learned 4th Additional Civil Judge (Senior Division), Cuttack in C.S. No.652 of 2013 is under challenge in this CMP, whereby an application filed by the Plaintiffs-Petitioners under Order VIII Rule 6-C CPC to exclude the counter-claim filed by the Defendant-Opposite Party, has been rejected.

(3.) Mr. Dey, learned counsel for the Petitioner submits that the suit has been filed for eviction of the Defendant-Opposite Party. On appearance, the Defendant filed his written statement along with the counter-claim seeking for partition of Schedule-A property claiming 1/3rd share in the same and to declare him as the adopted son of Bhajakrushna Pattanaik and Harapriya Pattanaik. The counter-claim was admitted on 13/4/2017 by learned trial Court. Subsequently, the Plaintiffs filed an application under Order VIII Rule 6-C CPC to exclude the counter-claim. Vide order dtd. 16/12/2017 (Annexure-3), learned trial Court dismissed such application. Hence, this CMP has been filed.