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2002 Supreme(P&H) 461

M.M.KUMAR
Vinod Kumar – Appellant
Versus
Jagmohan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Lokesh Sinhal, Advocate.
For the Respondent:Mr. Kulbhushan Sharma, Advocate.

JUDGMENT

M.M. Kumar, J. - This revision petition filed under Section 5 of the Code of Civil Procedure (for brevity, the Code) challenges the order dated 13.3.2001 passed by the Civil Judge (Junior Division), Faridabad allowing the application of defendant-respondent No. 1 filed under Order 6 Rule 17 read with Order 8 Rule 6-A and Section 151 of the Code.

2. Brief facts necessary for deciding the controversy raised in this petition are that plaintiff-petitioner has filed a suit for permanent injunction against defendant-respondent No. 1 and another. Defendant-respondent No. 1 filed his written statement and also raised a counter-claim asserting that the plaintiff-petitioner is a trespasser and has been occupying the shop in dispute illegally and unlawfully. It has further been averred that the plaintiff-petitioner has no right, authority or title to continue in the shop in question. Defendant-respondent No. 1 has prayed for a direction to the plaintiff-petitioner to hand over the vacant physical possession of the shop to him. An application for amendment of the counter-claim has been made under Order 6 Rule 17 read with Order 8 Rule 6-A read with Section 151 of the Code proposing to
































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