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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 :
FACTS :
“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;
c) Pass such further or other order(s) as may be deemed fit and proper in the facts and circumstances of the case.”
3. Plaintiff has filed the suit against five defendants. The fifth defendant is the proforma defendant. The present applicant is the first defendant.
4. Since the third defendant has already filed written statement containing the counter-claim, Mr. Kushal Chatterjee, learned Counsel appearing for the first defendant/applicant refers to provision
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