CR No.2137 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.2137 of 2009 Date of Decision: 01.12.2009 **** Harpal Singh and another . . . . Petitioners VS. Baldev Singh etc. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Suresh Goel, Advocate for the petitioners Mr. K.K. Garg, Advocate for respondent No.1 **** SURYA KANT J.(ORAL) (1) This revision petition is directed against the order dated 29.11.2008 passed by the learned Additional District Judge, Barnala, whereby, the counter-claim filed by the petitioners has been turned down being not maintainable on the ground that the cause of action in the Civil Suit for recovery filed by the First respondent-plaintiff is altogether different from the cause of action pleaded by the petitioners in their counter-claim. (2) During the course of hearing counsel for the petitioners contends and rightly so that even if the claim put forth by the petitioners was not maintainable as a counter-claim, the learned First Appellate Court ought to have directed to treat the same as a separate suit for declaration/rendition of accounts. (3) Counsel for the respondent No.1/plaintiff does not oppose the aforesaid prayer for the reason that the said respondent has not been even arrayed as a defendant in the counter-claim. CR No.2137 of 2009 - 2 - (4) For the reason afore-stated, the revision petition is allowed in part, the impugned order dated 29.11.2008 passed by the learned Additional District Judge, Barnala is modified to the extent that the counter-claim filed by the petitioners shall be treated as a separate suit for declaration/rendition of accounts as per law. Needless to say that the defendants in the afore-stated counter-claim shall be at liberty to take all the objections that might be available to them in law. The said suit shall have no bearing on the continuation of the recovery suit filed by the first-respondent/plaintiff. (5) Disposed of. (6) Dasti. (SURYA KANT) JUDGE 01.12.2009 vishal shonkar