- (1.) THIS revision arises out of an order allowing the respondents defendants to put in the counter claim in the suit brought by the petitioner.
(2.) SUCCINCTLY, the relevant fasts in order to dispose of this revision petition may be noticed as under : The plaintiffs petitioners (hereinafter referred to as (be petitioners) brought a suit for recovery of certain amount on account of sale of spare parts of vehicles. trucks and the money due on the basis of hue purchase agreement against the respondent-defendants (hereinafter referred to as the defendants ).
(3.) THE defendants in terms of Order VIII Rule 6-c of the Civil Procedure Code, preferred a counter claim with written statement, demanding rendering of accounts as agent, from the plaintiffs as the principal and payment of commission to them. This Court vide its order dated November 11, 1988 in civil revision No. 1500 of 1987 d reacted the trial Court to take a decision on the application of the petitioner under Order VIII Rule 6c, C. P. C, after hearing the parties. It was further observed that in ease the Court comes to the conclusion that the counter claim is to be ex eluded from the instant suit brought by the petitioner, the same shall be treated as separate suit and used accordingly.;