Punjab-Haryana High Court
Padam Kumar vs Pawan Kumar And Others on 19 October, 2012
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 6316 of 2012 (O&M)
Date of decision: October 19, 2012
Padam Kumar
.. Petitioner
Vs.
Pawan Kumar and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. J.K. Goel, Advocate for the petitioner. A.N. Jindal, J
The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 11.8.2012 passed by the trial court.
The rights of the performa respondents/defendants are the same as that of the plaintiff and he could claim to be transposed as plaintiff when he so desired at any time. He being equal to that of the plaintiff, there is no bar in raising the counter claim against the performa defendants. It is also observed that when the plaintiff has already set up a cause of action then the defendants, raising the counter claim, were not required to set up another cause of action for establishing their rights.
Dismissed.
October 19, 2012 (A.N. Jindal) deepak Judge