Ajimunnesa @ Ajimunnessa Bibi and Others v. Abdul Asraf @ Chandan and Others
Case brief
What is this about?
Calcutta High Court civil revisional jurisdiction; C.O. 127 of 2024; Article 227 Constitution of India; plaintiffs of Title Suit No.102 of 2012 (dismissed for default) sought stay of defendants' counter-claim pending disposal of their Order IX Rule 9 CPC restoration application, Misc. Case No.19 of 2023; counter-claim held independent of restoration of suit; refusal upheld, no illegality or infirmity found; Additional Civil Judge (Junior Division), Chinsurah, Hooghly, Order No.229 dated December 02, 2023; expedite disposal of misc. case requested; disposed without costs; Biswajit Basu, J.; 05.08.2024.
What did the court decide?
The counter-claim is not dependent upon the restoration of the suit; accordingly, the learned Trial Judge rightly refused the petitioners' prayer to stay further proceedings of the counter-claim. ¶12