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2022 Supreme(AP) 801

BANDARU SYAMSUNDER
Mukesh Kumar Jain – Appellant
Versus
Elika Veera Raghavaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N Siva Reddy
For the Respondent: Jupudi V K Yagnadutt

ORDER :

This Civil Revision Petition is filed by the petitioners/D.1, D.2 under Article 227 of the Constitution of India against the Orders passed by learned IV Additional Senior Civil Judge, Guntur, in I.A.No.192 of 2017 in O.S.No.480 of 2013 wherein and whereby the learned trial Judge dismissed this petition filed by the petitioners/D.1, D.2 under Section 151 of Civil Procedure Code (in short C.P.C) and refused to permit the petitioners to file counter-claim enclosed along with the petition.

2. Before the trial Court petitioners have filed petition stating that they filed counter-claim petition in the suit on 26.04.2016 in I.A.No.110 of 2017, which was posted for counter on 14.02.2017 on which date the respondent/plaintiff advocate represented to the Court that without application for filing of counter-claim cannot be entertained thereby trial Court felt it necessary with such observation directed them to move separate application seeking permission to file counter-claim and closed I.A.No.110 of 2017. They submits that they represented I.A.No.110 of 2017 on 05.11.2016 along with Judgment of Hon’ble Supreme Court wherein it is held that counter-claim can be filed having the cause of

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