HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.656 OF 2010 DATE:26-02-2010 BETWEEN: Smt. Geesala Padmavathi …Petitioner AND Vasamsetti Venkata Anantha Lakshmi …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.656 OF 2010 ORDER: Petitioner-plaintiff is in revision against the orders of II Additional Junior Civil Judge, Kakinada, dated 11.2.2010 dismissing I.A.No.115 of 2010 in O.S.No.498 of 2009 filed to reject the counter-claim of the respondent-defendant as barred by limitation. In the suit filed by the petitioner-plaintiff for perpetual injunction, respondent-defendant filed a counter-claim. Hence, the petitioner-plaintiff filed the impugned I.A. contending that the defendant appeared in the Court on 9.7.2009 but filed the counter- claim only on 19.10.2009 i.e. beyond 90 days and therefore, the counter-claim is barred by limitation. It was also contended that the respondent-defendant has clubbed two prayers while valuing the counter-claim as ‘A’ in Para-II though mentioned in para-12 as ‘A’ and ‘B’ prayers and therefore, on this count also the counter- claim is liable to be dismissed. By the impugned order, the lower Court dismissed the I.A. holding that the defendant paid an amount of Rs.1,000/- for the relief of mandatory injunction and Rs.1,000/- for the relief of permanent injunction, and whether such valuation is acceptable or not is the discretion of the Court. With regard to the limitation, It was observed that the defendant received summons on 16.6.2009 and filed counter-claim on 10.8.2009 which is well within the period of limitation and therefore, it cannot be liable to be rejected in limini. The impugned order so passed by the lower Court in entertaining the counter-claim is purely discretionary order. Therefore, the only contention of the learned counsel for the petitioner that separate applications have to be filed for both the prayers would not merit consideration. The revision fails and the same is accordingly dismissed. However, the petitioner is at liberty to file rejoinder raising all the defences available to him under law. No order as to costs. _______________ A. GOPAL REDDY, J. FEBRUARY 26, 2010 Tsr.