1 wp1214.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1214 of 2011 Wahid Muzammil Gulam Hussain Attar ... Petitioner v/s. The Pune Cantonment Board & ors. ... Respondents Mr. P.K. Hushing for the petitioner. CORAM:- B.R. GAVAI, J DATED :- MARCH 29, 2011. P.C. The petitioner challenges the order dated 1st December, 2010 vide which the learned trial Judge has rejected the application filed by the present petitioner for exclusion of the counter claim of the defendant. 2. Learned trial Judge has found that the issue even pertaining to counter claim was framed and thereafter an application was made and as such was not tenable. 2 wp1214.11.sxw 3. Counsel for the petitioner submits that subsequently vide an order of the even date some issues ought to have been framed whereas counter claim date will have to be reckoned for the purposes of the provisions of Order III Rule 6 C. 4. The perusal of issues framed by the learned trial Court below exhibit 41 would reveal that issue no. 2 is directly related with the counter claim of the defendant. The said issues are framed on 2nd March, 2010. Admittedly, the application in question is filed after that date. 5. In that view of the matter, I do not notice any perversity in the approach adopted by the learned trial Court so as to warrant interference under extraordinary jurisdiction under Article 227 of the Constitution of India. Rejected. (B.R. GAVAI, J)