Hima Kohli, J. (Oral)-The present petition is directed against the order dated 19.11.2009 passed by the learned Civil Jude on an application filed by the petitioner (defendant in the court below) under Order 8 Rule 6A read with Order 7 Rules 10, 10A and 11, CPC seeking rejection/ dismissal/return of the plaint filed by the respondent (plaintiff in the court blow). By the impugned order, the learned trial Court dismissed the aforesaid application of the petitioner/defendant and held that the suit filed by the respondent/plaintiff against the petitioner / defendant, for declaring the gift deed dated 29.8.2002 in respect of first floor along with complete roof rights of the premises bearing No.3 /327, Nirankari Colony, Delhi as null and void, was maintainable.

2. The trial Court examined the submissions made on behalf of the petitioner and held that filing of a counter claim along with the written statement is not obligatory and it is the discretion of the defendant whether to file a counter claim or institute a separate suit. It was further observed that the respondent was well within her right to have sought a relief of declaration by instituting an independent suit and that