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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. JAMADAR, J
Vijaymala Sidling Doijad – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 2 , 3 , 4) |
| 2. petitioner's arguments against counter-claim (Para 5 , 6 , 7) |
| 3. respondent's justification for counter-claim (Para 8 , 9 , 10) |
| 4. court's consideration of the case (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court's ruling on counter-claim (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. final order of the court (Para 30) |
JUDGMENT :
2. This Petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dated 17 September 2014 passed by the learned Civil Judge, Kolhapur on an application (Exhibit 144) preferred by the Respondent-Defendant No.3 seeking permission to file Counter-Claim in Regular Civil Suit No.1056 of 2006, whereby the said application came to be allowed subject to payment of costs of Rs.2,000/- to the Plaintiff.
3.1 The Petitioner instituted a suit initially claiming relief of injunction against the State of Maharashtra – Respondent/Defendant No.1 and Tahasildar, Tal. Hatkangale – Respondent/Defendant No.2, to restrain them from disturbing possession of the Plaintiff over the suit property bearing Survey No.1573, forming part o
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
Counterclaims may be allowed after closing evidence if justified by circumstances; procedural rules must serve justice.
Counter claims must be raised before issues are framed and within the limitation period, as per the Code of Civil Procedure and Limitation Act.
The judgment establishes that counterclaims can be accepted based on when the defendant gains knowledge of the relevant facts, emphasizing that procedural rules should not obstruct justice.
Counter-claim by defendant – Though normal rule is that subsequent to filing of written statement, counter-claim cannot be filed after issues have been framed, under exceptional circumstances, counte....
A counter claim must be filed within the limitation period applicable to plaints, and failure to do so results in rejection of the claim.
The court confirmed a counter claim must be filed within the stipulated limitation, treating it akin to a plaint, and dismissed the appeal as the claim was time-barred.
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