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IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY
Eden Consultancy Services Pvt. Ltd. – Appellant
Versus
Kerala State Electronics Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. application for leave to file additional pleadings. (Para 1 , 2 , 3) |
| 2. provisions of cpc regarding counter-claims. (Para 4 , 5) |
| 3. arguments against co-defendants' additional statements. (Para 6 , 7 , 8 , 9 , 10) |
| 4. dismissing application due to lack of merit. (Para 11 , 12) |
| 5. court's analysis on the scope of counter-claims. (Para 13 , 14 , 15 , 16) |
| 6. judicial reasoning on binding precedents. (Para 17 , 18 , 19) |
| 7. trial within a trial not permitted. (Para 20 , 21) |
| 8. final order of dismissal with costs. (Para 22) |
JUDGMENT :
ANIRUDDHA ROY, J.
FACTS :
1. This is an application filed by the defendant no.1, inter alia, praying for the following reliefs :
“a) Grant the kind leave of this Hon’ble Court to the Defendant No.1 to file rejoinder and written statement in response to the written statement cum counter-claim filed by Defendant No.3;
b) Direct the Filing Department of the Original Side to accept the said rejoinder and written statement of Defendant No.1;
c) Pass such further or other order(s) as may be deemed fit and proper in the facts and circumstances of the case.”
2. Learned Counsel appearing for the defendant no.1, Mr. Kushal Chatterjee, submits that he is a co-defen
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