17/04/2017

5761 - Whether court can permit filing of counter claim after framing of issues? CIVIL APPEAL Nos.2308-2309 OF 2016, 01.03.2016, sci, Thanks to Law Web

It is quite apparent from the factual position noticed
hereinabove, that after the issues were framed on 18.10.1993, the
counter claim was filed by the appellants before this Court (i.e.
by defendant Nos.3 and 4 before the trial court) almost two and a
half years after the framing of the issues. Having given our
thoughtful consideration to the provisions relating to the filing
of counter claim, we are satisfied, that there was no justification
whatsoever for the High Court to have declined, the appellant
before this Court from filing his counter claim on 17.06.1996,
specially because, it is not a matter of dispute, that 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. In the present case, the
respondent-plaintiff's evidence was still being recorded by the
trial court, when the counter-claim was filed. It has also not
been shown to us, 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. We are of the
view, that no serious injustice or irreparable loss (as expressed
in paragraph 15 of Bollepanda P.Pooncha's case), would be suffered
by the respondent-plaintiff in this case

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