IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH th ON THE 15 OF MAY, 2025 CIVIL REVISION No. 737 of 2024 ANIL VAIDYA AND OTHERS Versus THE STATE OF M.P. AND OTHERS Appearance:

Shri Ujjawal Vaidya -Advocate for the revisionist.

Ms. Sanjana Sahni - Advocate for the respondent No.2.

Shri Sandeep Dubey - Panel Lawyer for the respondent/State.

ORDER This revision was admitted and reserved for final order on 04/03/2025.

2. This civil revision filed under Section 115 of the CPC being aggrieved by the impugned order dated 12/07/2024 passed by the learned Civil Judge Waraseoni in RCSA No. 31/2019, whereby the application filed by the plaintiffs/petitioners under Order 7 Rule 11 of CPC (I.A. No.5) against the counter claim filed by the defendant/respondent No.2 has been dismissed.

3. The grounds of the revision is that the application under Order 7 Rule 11 of CPC has not been understood by the concerned Court. The counter claim by defendant No.2 (Suresh Wagrecha) has been filed on mere apprehension and no actual cause of action has arisen as per pleadings of the counter claim suit was filed against the State Government.

4. Learned counsel for the appellant submitted that counter claim was filed after 9 months without leave of the Court, counter claims is barrd Signature Not Verified Signed by: MANJU by law of limitation. As the respondents is challenging the sale deed dated 26/02/2002 of the petitioner after 22 years, hence seeks dismissal of the counter claim.

5. On the other hand, learned counsel for the respondent No.2/defendant submitted that application under Order 7 rule 11 of CPC has rightly been rejected.

6. On perusal of the record of the civil court at Waraseoni, District-

Balaghat in case No. 31 of 2019, it is seen that application under Order 1 Rule 10 of CPC was filed by Suresh Waghrecha (Defendant no.2) while State was defendant no. 1, application was allowed by the trial court on 4.2.2020. Against that order miscelleous petiton No. 1264 of 2020 was filed by plaintiff which was dipsosed on 2.1.2024 with direction that if, relief against respondent no. 2 i.e. Suresh Waghrecha is deleted then application under Order 1, Rule 10 of CPC is liable to be rejected but he (Suresh Wagrecha) can file application afresh under Order 1, Rule 10 of CPC on the ground that his only access to his land is through land on which other party is claiming right and therefore he is a necessary party.

7. Thereafter application I.A. No.2 under Order 6, Rule 17 of CPC was filed by the plantiff on 5.1.2024 and that application was decided by trial court on 1.3.2024 regading deleting the relief against defendant no. 2 - Suresh Waghrecha and that application was allowed. Thereafter some amendment on 28.03.2024 has been made in Plaint regarding Case No. 1A/5/2010-2011 order dated 18.03.2011 but it seen in para 10 and 11, 16 &17 name of defendant No. 2 - Suresh Waghrecha regarding Revenue Court Signature Not Verified Signed by: MANJU order dated 28.7.2009 case No.6A-5/2008-2009 is made, plea is on record that on suit land Suresh has no right to interfere. Therefore, it is considered view of this court that relief clause is amended but other paragraphs as mentioned above should also be amended looking to the facts of the case mentioned above.

8. On perusal of record further it is seen that an application under Order 1 Rule 10 was also filed by defendant no. 2 on 23.1.2024, i.e. I.A. No.03 and I.A. No.03 was disposed of by the trial court on 14.3.2024 and application was allowed. He was impleaded and time was granted to file W.S.

9. An application, I.A. No.5 under Order 8 Rule 6-A read with Order 7 Rule 11 CPC was filed by plaintiff on 25.4.2024 which was dismissed on 12.7.2024 which is under challange. I.A. No. 5 was dismissed.

10. Perused the order and records, issuess have been framed on

10.08.2024 and issues No.10 is regarding maintainibility of counter claim, therefore, plaintiff filed an application under Order 6 Rul