The main legal point established in the judgment is the interpretation and application of the provisions of Order 8 Rule 6 of the Code of Civil Procedure, 1908, governing the filing and rejection of counter claims.

JUDGMENT :

Tarlok Singh Chauhan, J.

The plaintiff is the petitioner, who aggrieved by the order dated 16.8.2018 passed by the learned Civil Judge, Court No.3, Shimla, H.P., whereby his application under Order 7 Rule 11 and Order 8 Rule 6(C) read with Section 151 of the Code of Civil Procedure, 1908 (n for short, the “Code”) for rejection of counter claim preferred by the respondents/defendants No. 2 and 3 was dismissed, has filed the instant petition.

2. The parties shall be referred to as the “plaintiff” and “defendants”.

3. The plaintiff has filed a suit for permanent perpetual prohibitory injunction against the defendants for restraining them from interfering in any manner in peaceful possession of the plaintiff, illegally dispossessing him or causing any hindrance in the business of the plaintiff being carried out by him as a proprietor of M/s Suresh Boot House in the suit property, which is pending adjudication before the learned trial court. During the pendency of the suit, defendants No. 2 and 3 on 10.5.2019 along with their written statement filed a counter claim seeking a relief of permanent perpetual prohibitory junction and mandatory injunction and for recovery of use and occupation charges from the plaintiff. It is then that the plaintiff filed an application under the aforesaid provisions for rejection of counter claim preferred by defendants No. 2 and 3 on the ground that the same was not legally maintainable in the eyes of law and, thus, was liable to be rejected.

4. It was submitted that as per mandate of Order 8 Rule 6 of the Code, the counter claim is to be treated as plaint and is governed by the Rules applicable to the plaints and since the counter claim has not been drawn up in accordance with law under Order 7 Rule 11 and Order 8 Rule 6(C) of the Code, therefore, it is liable to be rejected.

5. The defendants No. 2 and 3 filed reply to the application, wherein it was averred that the entire set of facts and detailed pleading of counter claim are already contained in para Nos. 2 and 3 of the written statement and since the same was in accordance with the Appendix A mentioned in Order 6 Rules 1 and 4 and order 8 Rules 6A and 6B of the Code, therefore, the application deserves to be rejected.

6. The learned trial court vide a detailed order rejected the application on 16.8.2018 constraining the plaintiff to file the instant petition.

7. I have the learned counsel for the parties and have also gone through the material placed on record.

8. The provisions dealing with counter claim have been spelt out in the Code and order 8 Rule 6(a) to (g) of the same read thus:

[6A. Counter-claim by defendant.—

(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:

Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.

6B.Counter-claim to be stated.— Where any defendant seeks to rely upon any ground as supporting a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of counter-claim.

6C.Exclusion of counter-claim.—Where a defendant sets up a counter-claim and t