^^SiA;..r. c • L'!0 IN THE HON'BLE HIGH COURT OF CHtiATnSGARH^T BU-ASPUR ^•' fC.G.) <Vt- WRFT PETITION (-G) N0. OF2010 fS.B.) PETITIONER DEFENDANT ^•<-%^ri-" t'.6< / Tilakram Verma, aged aboyt 44 yearsSon of Late Shri Gayaram Verma, Agrjculturist and Resident 12^ J..<^'(;"^i'^"p> of vjlla9e Botepar, Police Station Ghumka, Tahsil and District Rajnandgaon (C.G.). ^Ss^ ^^§- -y^^-" RESPONDENT PLAINTIFF VERSUS / Alok Sondhi, aged about 31 years Son of Shri N. C. Sondhi, Proprietor Chhattisgarh Motors, In front of Electricity Board (In front of Power House), Rajnandgaon, Tahsil and District Rajnandgaon (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF LNDIA HIGH COURT OF CHHATriSGARH AT BIIASPUR Sinate Bench: Hon'bte Shri Justice Prashant Kumar Mishra WntPetnion (227i NoASS / 2010 PETITIONER DEFENDANT RESPONDENT PLAINTtFF Verst^ Titekram Verma Atok Sondhi Shri P.K.C. Thwari, Sr. Advocate with Shri Shashi Bhushan, counsei for the petttioner. WRTT PETITION UNDERART1CLE 227 OF THE CONSTiTUTION OF ^NDIA- ~ ORALORDER (26.02J2010) Leamed Senior Counsel submite that the trial Court ought to trave allowed the applteation under Sectton 151 of C.P.C. to permit the defendant to prcsecute his counter ctaim to theextent ft is maintainable within the pecuniary jurisdteti<m of the Court of Chri! Judge Ciass-1, whteh is ttre trial Court in the present suit. Admittwlty, the counter ctaim has been made for a valuation of Rs.1,®),00)/-,therefwe, the impt^ned order does not appear to be sufferir^ from any error. (2) Shri Tiwari, teamed Senior counsel submits that he may be permitted to abandwi a part of the counter claim so that his counter ciaim remains triable within the jurisdiction of the present trial Court of Civil Judge Class-t. The petitioner is at Uberty to move an appiteation to this effect. If such applteation is nwved the trial Court shatl consktered the same in accordance with law. (3) Wtth this observation, the instant pet'rtion is dismissed. (4) Certified copy as per rules. Sd//- Prashant Kumar Mishra Judge ^