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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Saurabh Suman W/o Sri Rajendra Prasad – Appellant
Versus
Tutari Nonian W/o Tulasi Nonia – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
The present petition has been filed against the order dated 17.09.2019 passed in Title Suit No. 170 of 2009 by the learned Civil Judge (Senior Division)-I, Nawada whereby and whereunder the application filed by the defendants/respondent no. 10 dated 02.08.2019 to set up counter claim has been allowed.
02. Briefly stated, the facts of the case are that plaintiff/petitioner filed Title Suit No. 170 of 2009 for declaration of his title over the suit land and none of the defendants have any right, title, interest and possession over the suit land seeking further relief to confirm the possession of the plaintiff over the suit land against defendant nos. 1-9 while holding that Revisional Survey entry with regard to the land was wrong, baseless and incorrect. The defendants/respondents appeared and filed their written statement. Another written statement was filed on 07.01.2016 which was accepted vide order dated 14.01.2016. Issues were framed and parties adduced their evidence. After closure of evidence, argument was concluded finally on 23.02.2017. The defendants while arguing the matter relied upon their first written statement and an objection was raised by
Counterclaims may be allowed after closing evidence if justified by circumstances; procedural rules must serve justice.
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
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....
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.
A counter claim must be filed within the limitation period applicable to plaints, and failure to do so results in rejection of the claim.
A counter claim must relate to the plaintiff's claims; dissimilarity in cause of action renders it non-maintainable.
In counter-claim scenarios, a plaintiff has the inherent right to lead rebuttal evidence after the defendant's evidence, regardless of prior explicit reservation, as per procedural rules.
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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