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2023 Supreme(MP) 777

SUBODH ABHYANKAR
Shri Ambaram – Appellant
Versus
Shri Jadulal – Respondent


Advocates Appeared:
Brajesh Kumar Pandya, Advocate, for the Appellant; Shri Rishiraj Trivedi, Advocate, for the Respondent

ORDER

1. This revision petition has been filed by the petitioners/plaintiffs against the order dated 06/03/2021, passed in Civil Suit No.58-A/2019 by the First Civil Judge, Class-I, Badnagar, District Ujjain (M.P.) whereby the petitioners/plaintiffs' application filed under Order 7 Rule 11 of CPC in respect of the counter claim filed by defendants No. 1 to 4 and 7 has been rejected.

2. In brief, the facts of the case are that the plaintiffs have filed a civil suit for declaration and injunction in respect of an agricultural land situated at Village Peerjhalar, Tehsil Badnagar, District Ujjain. The suit was filed on 21/04/2017, initially against the defendants No.1 to 6 only, and subsequently, defendant no.7 was also added. The written statement was filed by defendants No.1 to 3 on 09/08/2017, and since the defendant No.4 was proceeded exparte, his application to set aside the exparte order was allowed and he was directed to file the written statement, hence, the written statement was filed by defendants No.4 and 7 on 22/01/2021, who also filed a counter claim along with defendants No.1 to 3 on the same date i.e., 22/01/2021.

3. In respect of the maintainability of the aforesaid counte

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