ORDER :

1. This petition, under Article 227 of the Constitution of India has been filed challenging the order dated 10/02/2022 passed by the 6th Additional Judge, to the Court of 1st Civil Judge, Class–I, Raipur (CG) (for short trial court) in Civil Suit No.18-A/2009. By the impugned order, the learned trial court, has allowed an application filed by respondent no.2/defendant no.2 under section 151 of Civil Procedure Code, 1908 (for short CPC) and permitted her to file the written statement and counter-claim. The parties are hereinafter referred to their status before the trial court.

Facts of the case

2. The plaintiff has filed a suit before the learned trial Court seeking relief of eviction, possession and recovery of rent in respect of a shop situated in part of plot no.23/5 and 24/6 block no. 98 area about 2580 square feet at Bastal, Hospital Ward, Raipur (C.G.) (for short suit shop). The suit shop is properly described in red colour in the map annexed with the plaint against original defendant Late Rajesh Shrivas (herein after deceased defendant). Deceased defendant filed his written statement. No counter claim was filed by the deceased defendant. However, thereafter he was proce