JUDGMENT :

Sharad Kumar Sharma, J.

1. The respondents, herein in the Writ Petition, are the plaintiffs in a Suit, which was instituted by them on 9th July, 2008, for the grant of a decree of permanent injunction in relation to the property, which was described at the foot of the plaint, constituting of Khata No. 539, Khasra No. 4882 Ka, having a total area of 0.0480 hectares, situated in Mauja Babugarh, Pargana Parwadoon, Tehsil Vikas Nagar, District Dehraun. At this stage, since the precinct of the property, in question, is not of much relevance, hence, it is not being referred to.

2. When the Suit, in question, was instituted by the plaintiff/respondents, the defendants/ petitioners have put in appearance and they had filed their written statement on 14.07.2008, and along with the written statement, they have invoked the provisions contained under Order 8 Rule 6A of the CPC, which reads as under:-

"6-A. Counter-claim by Defendant - (1) A Defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause action according to the defendant against the plaintiff either before or after the filing of the suit, but before the defendant against the plaintiff either before or after the filing of the suit, but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damage or not:

Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the Court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints."

3. By virtue of relief which, the defendants/petitioners had claimed for in the counter claim, it was to the following reliefs:

xxx xxx xxx

4. As per the provisions contained under Order 8 Rule 6A, and particularly, as it has been contained under sub-clause (4) of Rule 6A of Order 8 of the CPC, it specifically provides that the relief claimed by the defendants in the counter claim "Shall be treated as a plaint and its procedure would be governed by the rules as applicable to plaints."

5. In the case at hand, when the counter claim was filed and the same was adjudicated by the learned Trial Court by the judgment dated 30th April, 2015, along with the Suit, the learned Trial Court had determined the issues, meaning thereby, it included the issues framed in relation to the merits of the Suit as well as that in relation to the claim of decree raised in the counter claim by defendants/petitioners and, consequently, the Trial Court vide its judgment and decree dated 30th April, 2015, had passed the following judgment:-

xxx xxx xxx

6. As a result thereto to the judgment dated 30.04.2015, the Suit was dismissed as well as the counter claim of the defendants/petitioners was also dismissed.

7. Being aggrieved against the dismissal of the Suit, the heirs of the deceased/ plaintiffs/ respondents, herein, had preferred a Civil Appeal, being Civil Appeal No. 120 of 2015, Rajendra Kothiyal vs. Smt. S.D. Rana as well as against the present petitioners, who were impleaded in the First Appeal as opposite party Nos. 2 and 6.

8. The First Appeal, in question, as preferred by the plaintiff/respondent was against the dismissal of the Suit, the present petitioners, who are the opposite parties to the Appeal have filed their cross objection invoking provisions contained under Order 41 Rule 22 of the C.P.C. along with an application seeking a condonation of delay, which has chanced in filing application unde