S.B.CIVIL WRIT PETITION NO. 10348/2009 Mohd. Saddique Khan vs. Mohd. Raseed Khan Order dt:15/3/2010 1/2 S.B.CIVIL WRIT PETITION NO. 10348/2009 (Mohd. Saddique Khan vs. Mohd. Raseed Khan) DATE OF ORDER : 15/3/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.C.P.Soni, for the petitioner. Mr.C.R.Jakhar, for the respondent. Heard learned counsels. By the impugned order dated 9/10/2009, the learned trial court has allowed the defendant to withdraw his counter claim in the present suit with liberty to file fresh suit. Learned counsel for the petitioners plaintiff submits that since in the earlier order passed by the learned trial court on 15/5/2009, the learned trial court has allowed the defendant to file adequate court fees on said counter claim, for which time was granted to the defendant. Therefore, while withdrawing his counter claim, he could not have been given liberty to file fresh suit. Learned counsel for the petitioners Mr. C.P.Soni further submits that the said counter claim, which is treated at par with the civil suit, is barred by Order 7 Rule 11 Clause (b) & (c ) CPC. S.B.CIVIL WRIT PETITION NO. 10348/2009 Mohd. Saddique Khan vs. Mohd. Raseed Khan Order dt:15/3/2010 2/2 Having heard the learned counsels, this Court is of the view that withdrawal of the counter claim has been permitted with liberty to file fresh suit only and in such fresh suit, it goes without saying that present petitioners plaintiff, who may be impleaded as defendants in the said suit, can raise objection in accordance with law. The impugned order is found to be unassailable and the present writ petition being devoid of merit is hereby dismissed. (DR.VINEET KOTHARI), J. item no. 97 baweja/-