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NUPUR BHATI
Sanjay, S/o. Shri Krishna Rav – Appellant
Versus
Dashrath, S/o Shri Kishan Lal – Respondent
JUDGMENT :
1. Though the matter was listed in ‘Orders on Interim Application’, but on the joint request of both the counsels for the parties, the matter is heard finally today itself.
2. The present writ petition is preferred under Article 227 of the Constitution of India, claiming following reliefs:
i) Quash and Set aside the impugned order dated 02.12.2019 (Annexure-5), passed by the Court of Additional District Judge No. 1, Nimbahera in C.O.S No. 36/2012; and
ii) Dismiss the application filed by the non-petitioner/Defendant under Order 6 Rule 17 of C.P.C, with costs throughout; and
iii) Any other appropriate writ, order or direction which the Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.”
3. The factual matrix of the case in brief is that that an agreement to sale was executed between the Petitioner-Plaintiff and Respondent-Defendant on 19.06.2008 for a consideration o
A counterclaim must be raised before issue framing begins; late submissions risk disrupting judicial efficiency and violate procedural rules.
(1) Counter-claim – Relief of specific performance cannot be set up by way of a counter-claim.(2) Counter-claim is treated as a cross-suit and is governed by rules applicable to plaints, including ob....
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
Counter-claim by defendant – Though normal rule is that subsequent to filing of written statement, counter-claim cannot be filed after issues have been framed, under exceptional circumstances, counte....
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