ORDER

Aggrieved by the order dated 25.04.2023 in I.A.No.73 of 2023 in O.S.No.163 of 2022 passed by the Court of IV Senior Civil Judge, City Civil Courts, Hyderabad, the present Civil Revision Petition is filed.

2. I.A.No.73 of 2023 filed by the respondent No.1 herein stating that he is defendant No.1 in the main suit. He submitted that petitioner approached the Court by filing the suit vide O.S.No.163 of 2022 as a counter and the Court referred Criminal Case filed by him for cheating against respondent No.1, for collecting the one year rent in advance as cash but not returning his cheques. After thorough examination of witnesses, the Court has taken cognizance vide C.C.No.8924 of 2022 and summons were served to both respondents i.e., Accused No.1 Mr. Bhanwarlal and Accused No.2 Mrs. Manilal W/o Mr. Bhanwarlal and the matter is sub judice and also filed as a counter blast to the civil suit filed by the petitioner vide O.S.No.3037 of 2020 against the petitioner and his wife on the file of the learned VII Junior Civil Judge, City Civil Court, Hyderabad. Petitioner filed this case with a purpose to harass and blackmail him to evade the payment to the petitioner without any rental amounts due actually respondent and plaintiff’s wife Mrs. Manilal taken hand loan and executed hand loan agreement. Petitioner herein filed suit for eviction and recovery of arrears of rent and mense profits and infact respondents themselves owe Rs.49,30,000/- to him. The above due to be recovered by the petitioner as mentioned in his written statement and he wants to file counter claim for recovery of amount Rs.49,30,000/-, as such he prayed the Court to allow him to file counter claim.

3. The petitioner herein, who is the respondent No.1 in the said petition filed counter denying the allegations and stated that the petition is not maintainable either in law or on facts. He filed counter claim after long delay of filing of the written statement as per the Order VIII Rule 6-A “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 of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendants have 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 damages or not”.

4. Defendant filed written statement on 11.08.2022 and the I.A. is filed in the year 2023. As an afterthought defendant No.1 along with counter claim filed one petition to implead respondent/plaintiff’s wife with all false and unfounded allegations and false accusations against her which is not permissible in law and the parties to the suit are not arrayed in cause title. Suppressing the truth, without paying monthly rents and vacating the suit schedule property, the present petition is filed with false and foisted facts, as such, prayed the Court to dismiss the petition.

5. Considering the petition and counter averments and on hearing the both sides, the trial Court allowed the petition. Aggrieved by the same, the present CRP is filed.

6. This Civil Revision Petition is filed by the revision petitioner stating that he filed suit for eviction and recovery of arrears which is due from the respondent and after expiry of lease property, the plaintiff, who is the respondent No.1 received a legal notice dated 13.11.2020 got issued by the defendant No.1 demanding Rs.62,59,000/- alleged to be lent to the plaintiff and he got issued suitable reply notice dated 03.12.2020. In furtherance of his mischief, the defendant No.1 filed suit against the plaintiff herein, his wife and another person vide O.S.No.3037 of 2020 seeking injunction to restrain them from illegally dispossessing the defendant No.1 herein from the suit property