Vijay Prakash Jarath Vs. Tej Prakash Jarath
The Code of Civil Procedure, 1908 - Order VIII Rule (6)
Counter Claim - After the issues were framed on 18.10.1993, the counter claim was filed by the appellants almost two and a half years after the framing of the issues - There was no justification whatsoever for the High Court to have declined, the appellant from filing his counter claim on 17.06.1996, specially because the cause of action, on the basis of which the counter claim was filed by defendant Nos.3 and 4, accrued before their written statement was filed on 11.11.1992 - Respondent-plaintiff's evidence was still being recorded by the trial court, when the counter-claim was filed - Not shown that any prejudice would be caused to the respondent-plaintiff before the trial court, if the counter-claim was to be adjudicated upon, along with the main suit - No serious injustice or irreparable loss would be suffered by the respondent-plaintiff Impugned order passed by the High Court liable to be set aside the order passed by the trial court restored.
The Code of Civil Procedure, 1908 - Order XIII Rule (6)
Counter Claim - Held that cause of action in respect of which a counter claim can be filed, should accrue before the defendant has delivered his defence, namely, before the defendant has filed a written statement - Since cause of action for which the counter-claim was filed in the present case, arose before the respondent-plaintiff filed the suit the appellants before this Court were well within their right to file the counter-claim.
Topic(s)-Civil Procedure - Counter Claim - Law clarified , Application Allowed