AIR 2002 RAJASTHAN 144 ::(2002) 2 WLC (RAJ) 327 ::2002 (1) RajLR 103 ::2003 (1) RajLW 506

Rajasthan High Court

Hon'ble Judge(s): Arun Madan , J

Civil P.C. (5 of 1908) , O.8 R.6— Suit for permanent injunction - Joint Written Statement/Counter claim filed by defendant - Application of plaintiff to exclude certain paragraphs of counter claim instead of filing written statement to counter claim - Not entertainable - Moreover counter claim filed for similar cause of action - Order of Trial Court allowing exclusion of counter claim and directing defendant to file separate suit - Illegal and without jurisdiction. The rights granted to the defendants to set up counter claim are not only limtied for the claim put forth by the plaintiff in a suit itself and even the cause of action need not be the same; there is nothing in Order 8, Rule 6 or 6A, CPC restricting the nature of relief which the defendants might seek in the counter claim. In the present suit for permanent injunction, the claims as well as counter claim raised by the parties are similar and related to the same subject-matter at issue which would determine the rights of the parties hence there was no necessity for filing a separate suit for the similar cause of action in any manner whatsoever, as directed by trial Court while allowing exclusion of counter claim. The counter claim can only be excluded if the Court finds that it would not be fair to the plaintiff or whether it is likely to create unnecessary complications. The trial Court has not in ....