L.N.MITTAL,J. - (1.) DEFENDANT no.7 � Mohinder Singh, by filing this revision petition under Article 227 of the Constitution of India, has assailed order dated 26.08.2010 (Annexure P-10) passed by learned Additional Civil Judge (Senior Division), Pehowa, thereby dismissing application of the petitioner for filing written statement along with counter claim.
(2.) SUIT was filed by respondents no.1 and 2/plaintiffs against proforma respondents no.3 to 8 and petitioner. Trial court decreed the suit vide judgment and decree dated 05.12.2008 (Annexure P-7). Defendant no.7 � Mohinder Singh preferred first appeal against judgment and decree of the trial court. Learned Additional District Judge, vide judgment dated 27.07.2010 (Annexure P-8), set aside the judgment and decree of the trial court and remanded the suit to trial court with direction that defendant no.7 � Mohinder Singh shall be allowed to file written statement and shall be given only one opportunity to lead evidence. Defendant no.7 moved application (Annexure P-9) in trial court alleging that he was filing his written statement along with counter claim and the same be allowed to be filed along with application for interim injunction. Learned trial court, vide impugned order (Annexure P-10), dismissed the said application observing inter alia that the appellate court, vide judgment (Annexure P-8), allowed defendant no.7 to file his written statement and not any counter claim. Feeling aggrieved, defendant no.7 has filed this revision petition.
(3.) I have heard counsel for the parties and perused the case file.;