High Court of Judicature at Allahabad
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Smt. Gomti Devi (Died) And Others v. Sri Raghu Raj Singh And Others - WRIT - C No. 15387 of 2006  RD-AH 6804 (28 March 2006)
Hon. Sunil Ambwani, J.
It is contended by Dr. G.S.D. Mishra that the amendment sought in the written statement is infact by way of counter claim with prayers to vacate the property, deliver actual vacant possession and for pendentelite and future damage for use and occupation of Rs.500 per month, for which cause of action arose to the defendant in the year 1994. He submits that the counter claim is not only barred by the provisions of Rule 6 (a) of Order 8 CPC but also barred by limitation as the cause of action for relief arose to the defendant in the year 1994.
Issue notice to the respondents. Steps within a week. Notice shall be returnable in four weeks. List in second week of May, 2006. Untill 26.5.2006 further proceedings in suit No.439/1994, Smt. Gomati Devi Vs. Raghu Raj Singh pending in the Court of Civil Judge (Senior Division), Court No.2, Aligarh shall remain stayed.
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