IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21639 of 2011 Umesh Nandan Sahay & Ors Versus Kedar Nandan Sahay & Ors ---------------------------------- 03. 16.12.2011. Heard the learned counsel for the petitioner. The plaintiffs have filed this application under Article 227 of the Constitution of India against the order dated 28.09.2011 passed by Sub Judge I, Danapur in title suit No.133 of 2008 whereby the learned Court below accepted the counter claim filed by the defendant-respondents. The learned counsel for the petitioner submitted that prior to filing written statement, the counter claim has been filed by the defendant and moreover the counterclaim have been filed after 90 days after service of notice. The learned counsel further submitted that the suit has been filed by the plaintiff for declaration of title and also prayer for permanent injunction has been made and in that suit, the counter claim regarding partition is not maintainable because the cause of action in favour of the defendant has got no nexus with the cause of action of the plaintiff. - 2 - From perusal of the impugned order, it appears that the learned Court below considered the fact that the counter claim has been filed by the defendant regarding the cause of action which accrued to them prior to filing of the suit. There is no provision in C.P.C. that the counter claim must be filed within 90 days of service of notice. So far cause of action of the defendant has got no nexus with the cause of action of the plaintiff is concerned, it is not necessary that the cause of action must have nexus with the plaintiff’s claim. It is now settled principle of law that the counter claim can be made with regard to any cause of action which accrued to the defendant prior to institution of the suit and prior to filing of written statement. In view of the above facts and circumstances of the case, I do not find any illegality or impropriety in the impugned order and, therefore, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)