1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 380 OF 2008 DIST.: PUNE Mustafa Abdulabhai Aman ...Applicant Versus Umesh Dattatraya Dhone and Ors. ... Respondents. Mr. D.M. Gupta for the Applicant Mr. S.S. Kanetkar for the Respondents. CORAM: B ILAL NAZKI, J. DATE: OCTOBER 7, 2008 P.C.:- A suit for eviction was filed by the plaintiff against the defendants, who resisted it. 2. In their Written Statement filed in the Court, the Defendants made a counterclaim, seeking possession of the property from the plaintiff. Later on, the Defendants sought withdrawing the counterclaim, which the Court has allowed. 3. The plaintiff is aggrieved of the order on the ground that the trial Court should not have entertained a suit for transfer or counterclaim 2 for possession because of its limitation of pecuniary jurisdiction, and as such, the order of the trial Court allowing the defendants to withdraw the counterclaim and allowing them to file a fresh suit should not have been passed. 4. I do not find that there is any law which could debar the defendants from filing a fresh suit after withdrawing the counterclaim made in the suit filed by the plaintiff, particularly when the issues had yet to be framed, and the Court had not started with the trial in the matter. There is no merit in the Civil Revision application. It is accordingly dismissed. BILAL NAZKI, J.