Back
BISWAROOP CHOWDHURY
Jharna Patra – Appellant
Versus
Sanjib Gayen – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The petitioner before this Court is a plaintiff in a suit for partition, and is aggrieved by the Order dated 16.03.2019 passed by Learned Civil Judge (Senior Division) 1st Court Contai in Title Suit No. 95 of 2015 allowing prayer of opposite party no. 1/Defendant in application under Order 6 Rule 17 of the Code of Civil Procedure.
2. The case of the opposite party no. 1 before the Learned Trial Court in the application under Order 6 Rule 17 CPC may be summed up thus.
3. The defendant no. 1/opposite party no. 1 contended in the said application that the plaintiff/petitioner created obstruction in the common passage for which complaint was lodged before Ram Nagar Police station and proceedings under section 133 Cr.P.C. was instituted before S.D.E.M. at Contai. The opposite party no. 1 further contended that on 01/10/2015 the plaintiff along with some antisocials installed a gate on the common passage as a result of which free-movement of the opposite party no. 1 is obstructed which is causing hardship to the said defendant.
4. The plaintiff/petitioner contested the petition by filing written objection.
5. By order dated 16/03/2019 the Learned Court bel
A counterclaim must be raised before issue framing begins; late submissions risk disrupting judicial efficiency and violate procedural rules.
A counterclaim must be filed within the limitation period, and failure to address this can lead to a material irregularity in judicial proceedings.
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 main legal point established is that the court should exercise its discretion in allowing amendments to pleadings, and failure to consider the amendments sought may result in the court not proper....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
