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2011 Supreme(Mad) 1130

K.VENKATARAMAN
S. Tajudeen – Appellant
Versus
S. V. Sambandan – Respondent


Advocates Appeared:
For the Petitioner:N. Kannan, Advocate. For the Respondents:R1 & R2 - K.A. Ravindran, Advocate.

Judgment :-

1. The present civil revision petition is directed against the order of the learned Principal District Munsif, Cuddalore, dated 30.9.2010 made in I.A.No.302 of 2010 in O.S.No.63 of

2008.

2. The second defendant in the aforesaid suit is the petitioner herein, the plaintiffs are respondents 1 and 2 and the first defendant is the third respondent.

3. Respondents 1 and 2 have filed the above referred suit against the petitioner as well as the third respondent for declaration of their title over the 'B' schedule property and for consequential injunction restraining them from interfering with their peaceful possession and enjoyment over the suit property. In the said suit, the petitioner as well as the third respondent filed an application in I.A.No.302 of 2010 for receipt of the counter-claim under Order VIII Rule 6A C.P.C. The said application was dismissed by the Court below only on the ground that it was filed at the belated stage and the present civil revision petition is directed against the said order.

4. Learned counsel appearing for the petitioner contended that Order VIII Rule 6A C.P.C. does not envisage that the counter-claim shall be filed within a particular perio

















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