Balan v. Devaki
Case brief
What is this about?
In an original civil petition challenging a trial court order dismissing an application to exclude a counter-claim, the High Court held the counter-claim was maintainable under CPC rules. The petitioner’s petition was dismissed.
What did the court decide?
Petitioner's original civil petition was dismissed without granting any relief.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932
OP(C).No. 516 of 2011(O)
-----------------------OS.348/2010 of PRL.MUNSIFF COURT, PALAKKAD
PETITIONER
V.BALAN, S/O.VASU, 209, CHANDRANAGAR COLONY, CHANDRANAGAR P.O., PALGHAT-678 007.
BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA
RESPONDENT(S):
DEVAKI, W/O.K.A.SUKUMARAN, PUDUPARIYARAM, EDATHARA P.O., PALGHAT-678 611.
Issues for consideration
3 issues framed by the court
Whether the trial court erred in rejecting the petitioner's application to exclude the respondent's counter-claim.
Whether the counter-claim filed by the defendant is maintainable under Rule 6A of Order 8 CPC.
Whether valid grounds exist for the High Court to interfere with the order dismissing the exclusion application.
Parties & counsel
- petitioner
V.BALAN
- respondent
DEVAKI
Coram
K.T.SANKARAN
Case details
As recorded by the court registry
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