1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6 OF 2010 Hitendra Ramanlal Mahimtura Petitioner versus M/s.Sahara India Commercial Corpn. Ltd. Respondent Mr.Ketan Joshi i/by S.A.Sawant for petitioner. CORAM : A.S.OKA, J. DATE : 15th February 2010 PC :- 1. Learned counsel appearing for the petitioner stated that on the basis of the impugned order dated 6th August 2009, the counter-claim filed by the petitioner has been rejected by subsequent order. 2. It is obvious that rejection of the counter claim is under clause (b) of Rule 11 of Order 7 of the Code of Civil Procedure, 1908. The counter claim is in the nature of a cross suit. The order of rejection of the plaint amounts to a decree within the meaning of sub section 2 of section 2 of said Code of 1908. Thus, the order of rejection of the counter claim can be subjected to a challenge in accordance with section 96 of the said Code of 1908. While preferring an appeal 2 challenging the order of rejection of the counter claim, the petitioner can always challenge the impugned order dated 6th August 2009. Therefore, this writ petition is not entertained and the same is disposed of with liberty to the petitioner to challenge the impugned order while preferring an appeal against the order rejecting the counter claim. All contentions of the petitioners are kept open. (A.S.OKA, J.)