Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 13.07.2018 passed in Original Suit No.132 of 2018 by Civil Judge (Sr. Division-I), Deoghar is under challenge, by which the counter claim filed by the respondent by way of petition dated 04.05.2016 invoking the jurisdiction of the civil court as conferred under Order VIII Rule 6(A) has been allowed.
(2.) It is the case of the petitioner herein that there is no difficulty in admitting the counter claim for its adjudication on merit but the trial court while allowing the aforesaid petition has virtually established the right of the respondent/defendant of the counter claim which is evident from the bare reading of the order impugned, whereby and whereunder, it has been reflected: (I) The plaintiff and defendant no.1 both are enter-se related as brother and sister i.e Class-1, heir as such the plaintiff has right of preemption/preferential right. (II) So in the interest of justice counter claim filed on 04.05.2016 is allowed.
(3.) Mr. Rahul Kumar Gupta, learned counsel for the petitioner has submitted by these two findings that the interest of the petitioner has seriously been prejudiced and jeopardized because the court has given specific finding with respect to right of preemption/preferential right and by allowing the counter claim dated 04.05.2016.;