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Can a counterclaim be filed after filing a written statement?
Can a counter claim be filed after a framed issue?
When can a counter claim be filed?
Can a plaintiff request a counter claim?
Nov 19, 2019 · The Supreme Court has held that a Court can exercise its discretion and permit the filing of a counter-claim after the written statement, till the stage of framing of the issues of the...
- Introduction
- Recording of Evidence: Commencement and Continuation
- Exercise of Discretion: Ingredients of Injustice, Loss, Andprejudice
- Conclusion
Order VIII Rule 6A of the Code of Civil Procedure("CPC") provides that a defendant in acivil suit may set up a counter-claim involving any claim inrespect of a cause of action accruing to the defendant against thePlaintiff. As per Order VIII Rule 6A of CPC, the counter-claim mustbe set up either before or after the filing of the suit but beforeDefe...
In his concurring opinion, Shantanagoudar J ruled that the Courtmay entertain a counter-claim even after the framing of issues, solong as the Court had not started recording the evidence.Shantanagoudar J ruled that in exceptional circumstances, acounter-claim may be permitted to be filed after a writtenstatement till the stage of commencement of re...
Against this backdrop, the most pertinent question inallowing/disallowing leave to file counter-claim is whether thegrant of leave causes any injustice or irreparable loss to theparties in the civil suit. Hon'ble High Court inAshok Kumar has rightly emphasized thatmere presence of discretion does not vest a right in favor of thelitigant nor can the...
The question of whether leave to file counter-claim may beallowed in a civil suit is ultimately a balancing exercise on partof the civil court. However, the lack of clarity on the outer limitfor filing of counter-claim and the exercise of discretion thereinwould only increase the uncertainty regarding whether counter-claimmay be allowed in a civil ...
Apr 9, 2021 · Wing Cdr. Surendra Agnihotri that the court shall permit the filing of the counter claim only after the written statement is filed, but not after the issues are formulated. Nevertheless, an exception is allowed in some extraordinary situations where the counter claims can be filed even after the issues are framed so as to prevent the ...
Mar 15, 2018 · State of M.P. and others (supra), relied upon by the learned counsel for the petitioners/plaintiffs, it is clearly laid down that Rule 6A (1) of Order VIII of Civil Procedure Code does not bar the filing of a counter-claim by the defendant after filing of his written statement.
Counter-claim can be filed after filing of written statement. In Smt. Shanti Rani Das v. Dinesh Roy it has been held that the right to file a counter claim is referable to the date of accrual of cause of action.
Sep 3, 2020 · “ A counterclaim, no doubt, could be filed even after the written statement is filed, but that does not mean that a counterclaim can be raised after issues are framed and the evidence is closed.” The Court thus held that the counter claim is not just a secondary part of the written statement.
Nov 20, 2019 · In a judgment delivered yesterday, the Supreme Court held that there is no embargo on the filing of a counterclaim after filing of written statements under Order VIII Rule 6A of the Code of Civil Procedure (CPC). The outer limit for the same is till the framing of issues.
