JUDGMENT :

A.K.Rath, J.

The seminal question that hinges for consideration of this Court is as to whether a defendant can file a counter claim against a co-defendant ?

2. The dispute lies in a narrow compass. The facts need not be recounted in detail. Suffice it to say that the plaintiff-opposite party no.1 laid the suit for partition before the learned 1st Addl. Civil Judge (Senior Division), Cuttack. Defendant nos.1 and 4 to 10-petitoners herein filed a joint written statement. Defendant no.14 filed a written statement along with counter claim. The counter claim is confined to defendant nos.7 and 8 only. The suit scheduled properties in the counter claim are different from that of the plaint. While matter stood thus, defendants-petitioners filed an application under Or.VIII R.6-C CPC for exclusion of the counter claim. Defendant no.14 filed objection. Learned trial court rejected the same on 7.5.2018. This petition seeks to laciniate the said order.

3. Heard Mr. D. P. Mohanty, learned counsel for the petitioners and Mr. B. N. Bhuyan, learned counsel for the opposite party no.6.

4. Mr. Mohanty, learned counsel for the petitioner submitted that the property described in the counter clai