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HIRANMAY BHATTACHARYYA
Dilip Kumar Ray – Appellant
Versus
Srabanti Sen – Respondent
JUDGMENT :
1. This civil order is at the instance of the plaintiff and is directed against an order No.27 dated 18th August, 2023 passed by the learned Civil Judge, (Junior Division), 1st Court, Chandannagar, District Hooghly.
2. By the order impugned, the application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement for setting up a counter-claim was allowed.
3. The learned advocate appearing for the petitioner submits that the counter-claim, which the defendant seeks to introduce by way of amendment is barred by limitation and therefore, the learned Trial Judge ought not to have allowed the application for amendment.
4. Learned advocate appearing for the opposite party submits that the learned Trial Judge after relying upon a decision of the Hon’ble Supreme Court in the case of Ashok Kumar Kalra Vs. Wing CDR. Surendra Agnihotri & Ors. reported at (2020) 2 SCC 394 allowed the application for amendment upon holding that the outer limit for filing counter-claim is the stage of framing of issues, which is yet to arrive.
5. Heard the learned advocates for the parties and perused the materials placed.
6. The petitioner herein filed a suit for declara
Counter-claims must arise before the defendant delivers their defense; otherwise, they are barred by limitation under the Code of Civil Procedure.
The main legal point established is that while the general rule is to file a counterclaim at the time of filing the written statement, there is no bar to raising it at any time later, and the issue o....
When court had no discretion to disobey mandate of law namely, Section 3(i) r/w 3(2)(b)(ii) of Limitation Act, 1963, and therefore, it could not have granted leave to make a Counterclaim by amending ....
Counter claims must be raised before issues are framed and within the limitation period, as per the Code of Civil Procedure and Limitation Act.
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
Counter-claims must be filed independently and cannot be included in an amendment application to a written statement.
A counter-claim can be allowed even after the settlement of issues if it arises from the same transaction or subject matter and preserves the integrity of the legal process.
Amendment of pleadings after the commencement of the trial is not permissible unless the party can show that in spite of due diligence, the matter could not have been raised before the commencement o....
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