Back
BISWAROOP CHOWDHURY
Pentagon – Appellant
Versus
Sankari Basu – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
1. The petitioner before this Court is a plaintiff in a money suit, and is aggrieved by the Order dated March 05, 2021 passed by Learned Civil Judge (Senior Division) 4th Court at Alipore District – South 24 Parganas in M.S. No. 33 of 2000 refusing the prayer of the petitioner for rejection of the counter claim of the opposite party/defendant. The petitioner being aggrieved by the order of learned trial Judge has come up before this Court with an application under Article 227 of the Constitution of India.
2. The case of the petitioner before the learned court below for rejection of counter claim may be summed up thus.
2. It will be evident from the allegations made in the written statement that defendant’s right to claim for the purported counter claim and cause of action for the same expired long back in the year 2002, but the defendant filed her written statement with counter claim on or about 4th October 2005. Thus the counter claim is hopelessly barred by the law of limitation.
3. That the defendant has no right to set up her counter claim after expir
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 counterclaim must be raised before issue framing begins; late submissions risk disrupting judicial efficiency and violate 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.
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
