CRP 49/2011 BEFORE THE HON’BLE MR JUSTICE T VAIPHEI Heard Mr MU Mandal, learned counsel for the petitoner. The petitioner, who is the plaintiff, is aggrieved by the order dated 25 January 2011 passed by the learned Munsiff, Bilasipara, in Title Suit No.36/201 0, whereby and where-under the petition filed by the present petitioner under Or der 8 Rule 6(C) read with Section 151 of CPC for exclusion of the counter-claim filed by proforma-defendant has been rejected. Learned counsel for the petitioner has submitted that since the proforma -defendant who filed the counter-claim has sold out his share in the property, h e does not have any right, title and interest over the suit land and as such the learned Court below ought to have allowed the application filed by the petition er under Order 8 Rule 6(C) of CPC for exclusion of the counter-claim. The question as to whether the proforma-defendant has sold out his share in the property and as such does not have any right, title and interest over th e suit property is a question to be decided during the course of trial in the co unter-claim allowed. The said question cannot be decided at this stage, and cann ot also be the ground for exclusion of the counter-claim under Order 8 Rule 6(C) of Civil Procedure Code. In view of above, I do not find any merit in the petition to interfere w ith the order dated 25 January 2011, and hence it is dismissed. No costs.