ORDER:

This civil revision petition is filed challenging the propriety and legality of the order dated 27.06.2023 passed in I.A.N.483 of 2022 in O.S.No.46 of 2018 on the file of the Senior Civil Judge at Nirmal.

PERUSED THE RECORD

2. The impugned order dated 27.06.2023 passed in I.A.N.483 of 2022 in O.S.No.46 of 2018 on the file of the Senior Civil Judge at Nirmal, in particular, para 9, reads as under:

“As seen in the present suit, the issues have been framed and the suit is posted for trial. The counter claim by the defendant is allowed before the defendant has delivered his defence or before the time limited for delivering his defence has expired. When the defendant has delivered his defence and the time limit has expired for delivering his defence, as such the petition to accord leave to the petitioner to present the counter claim (subsequent pleadings) is not maintainable. Hence, at this stage, the petition to accord permission to receive the counter claim is not maintainable and liable to be dismissed.”

DISCUSSION AND CONCLUSION

DISCUSSION

3. The petitioners/defendant Nos. 2 and 1, filed I.A.No.483 of 2022 under Order 8 Rule 9 read with Section 151 C.P.C. seeking grant of leave to f