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2024 Supreme(P&H) 306

GURBIR SINGH
Dalbara Singh – Appellant
Versus
Malkiat Singh – Respondent


Advocates Appeared:
Mr. R.K. Aggarwal

JUDGMENT :

Gurbir Singh, J.

Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dated 16.02.2024, passed by learned Civil Judge (Junior Division), Nabha (for brevity – Trial Court), whereby application dated 07.12.2021 (Annexure P-5) under Order 8 Rule 6(C) CPC, filed by the petitioner, for exclusion of counter-claim filed by the respondents, has been dismissed.

2. The brief facts, necessary for disposal of the present revision petition, are that the plaintiff/petitioner filed a suit for permanent injunction restraining the defendants/respondents from dispossessing the petitioner illegally or forcibly or causing any type of interference in the peaceful possession of the petitioner over tenanted premises of workshop, as detailed in the head note of the plaint on the ground that petitioner had taken a workshop on rent from the respondents w.e.f. 01.07.2022. A rent note dated 28.06.2022 (Annexure P-1) was also executed between the parties. Monthly rent was agreed @ Rs.50,000/-. Advanced cheques for payment of rent w.e.f. 01.07.2022 to 31.05.2023 (for 11 months) were handed over to the respondents. Despite payment of rent in adva

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