Union Bank Of India And Others vs Prem Singh Aswal And Another

Alok Kumar Verma, J

In SCC Suit No.27 of 2021, “Prem Singh Aswal and Another vs. Union Bank and Others”, a counter - claim was filed by the proposed revisionists-defendants. The counter claim has been dismissed vide impugned order dated 27.05.2023, passed by learned Judge, Small Cause Court/ IVth Additional District Judge, Dehradun on the ground that the court has no pecuniary jurisdiction to proceed with the counter claim. The proposed Revision has been filed along with an application to condone the delay of 42 days.

Heard Mrs. Prabha Naithani, learned counsel for the revisionists and Mr. Piyush Garg, learned counsel for the respondents.

The Delay Condonation Application (IA No.1 of 2023) has not been opposed by the respondents – plaintiffs. The Delay Condonation Application (IA No.1 of 2023) is allowed. The delay is condoned.

Admit.

Mrs. Prabha Naithani, Advocate has contended that the trial court should not have dismissed the counter-claim but should have returned the counter – claim to be filed before the proper court as an independent suit.

Mr. Piyush Garg, Advocate, has contended that the counter claim of the revisionists should have been excluded in terms of Rule 6C of Order VIII of the Code of Civil Procedure, 1908.

At the request of learned counsel for both the parties, the counter – claim of the revisionists – defendants is excluded in terms of Rule 6C of Order VIII of the Code of Civil Procedure, 1908. The revisionists may file an independent suit before the proper court according to law and subject to the law of limitation.

The impugned order dated 27.05.2023 is modified only to the extent mentioned hereinabove.

The Civil Revision (CLR No.151 of 2023) stands disposed of accordingly.