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2017 Supreme(Sikk) 11

BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Keshab Pd. Pradhan – Respondent


Advocates Appeared:
For the Appellant : J.B Pradhan, Pollin Rai
For the Respondents: B. Sharma, Navtara Sarda

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. On the rival submissions of the learned Senior Counsels appearing for the parties hereto and so well articulated, four important issues merits judicial determination in the present case. Primarily, the meaning of the words "determination of any other right to or interest in immovable property" in Section 16(d) of the Code of Civil Procedure, 1908 (C.P.C.). Secondly, whether counterclaim under Order VIII Rule 6A of C.P.C. could be filed even if the subject matter of the counter-claim was beyond the territorial jurisdiction of the Court. Thirdly, the ambit and scope of Order VIII Rule 6C of C.P.C. to exclude counter-claim if the Court was of the view that the claim ought to be raised in an independent suit? Finally and consequently, whether the Principal District Judge was right in returning the plaint under the provision of Order VII Rule 10 of C.P.C.? All the above issues are taken together and sought to be determined by this Court.

2. The Order dated 25.03.2015 (the impugned order) passed by the learned Principal District Judge, East Sikkim at Gangtok (the Learned Principal District Judge) in Money Suit No. 21 of 2014 (the said suit) filed by the


























































































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