Code of Civil Procedure, 1908–Order 8, Rule 6D–Trial Court returned the plaint for lack of pecuniary jurisdiction and partly decreed the counter-claim–Plea of the appellant that it ought not to have proceeded to decide the counter-claim of the respondent on same grounds–Appellant has abandoned his claim by not representing the plaint before a Court of competent jurisdiction–Further, if the Trial Court lacked pecuniary jurisdiction to entertain and try the counter-claim, he was to object–He did not do so and no issue was framed in this regard–Therefore, the provisions of Sec. 21(2) would squirely attracted–Further, there has been no failure of justice qua the appellant who has unauthorizedly continued to enjoy the suit land in excess of two decades despite having executed a sale deed in favour of the first respondent, validly where of remains unimpeached till date–Interference declined.
