JUDGMENT :

N.V. RAMANA, J.

1. Questions about procedural justice are remarkably persistent and usual in the life of Common Law Courts. However, achieving a perfect procedural system may be feasible or affordable, rather more manageable standards of meaningful participation needs to be aspired while balancing cost, time and accuracy at the same time.

2. The present reference placed before us arises out of the order dated 10.09.2018 passed by a two Judge Bench of this Court, wherein clarification has been sought as to the interpretation of Order VIII Rule 6A of the Civil Procedure Code (hereinafter referred to as “the CPC”), regarding the filing of counterclaim by a defendant in a suit. The reference order dated 10.09.2018 is extracted below:

“......... The papers to be placed before the Hon’ble Chief Justice of India for constitution of a three Judge Bench to look into the effect of our previous judgments as well as whether the language of Order VIII Rule 6A of the Civil Procedure Code is mandatory in nature.”

(emphasis supplied)

3. Before we proceed further, we need to allude to the brief factual background necessary for the disposal of this reference. A dispute arose between the Peti