JUDGMENT :

1. This Petition has been filed challenging the order dated 01.10.2022 passed by the learned Family Court, Jagdalpur in Civil Suit No.5-A/2021, whereby the application filed under Order 8 Rule 6 CPC by the Petitioner herein was dismissed.

2. Shri Shrivastava, learned Counsel for the Petitioner submits that the learned Family Court has not applied the dictum of the principles laid down in the matter of Ashok Kumar Kalra v. Surendra Agnihotri reported in (2020) 2 SCC 394 in which it was held that in exceptional circumstances, a counter claim may be permitted to be filed after a written statement till the stage of commencement of recording of the evidence on behalf of the plaintiff as the trial has not commenced, therefore, to prevent multiplicity of proceedings, the application ought to have been entertained in the interest of justice and the impugned order is contrary to the principles of law, which deserves to be quashed.

3. Heard learned Counsel for the Petitioner and perused the documents annexed with the Petition with utmost circumspection.

4. In Ashok Kumar Kalra v. Surendra Agnihotri (supra), the question was referred for clarification as to the interpretation of Order 8 Rule 6-A of the CPC regarding the filing of counterclaim by a defendant in a suit and finally it has been settled that the defendant cannot be permitted to file counter claim after the issues are framed and after the suit has proceeded substantially. It would defeat the cause of justice and be detrimental to the principle of speedy justice as enshrined in the objects and reasons for the particular amendment to CPC. Finally, in para-21 of the said judgment, it has been held that counterclaim be entertained in any case, not after framing of the issues.

5. In view of above, the approach adopted by the learned Family Court cannot be stated to have suffered from any infirmity so as to call for intervention at the hands of this Court in a Petition under Article 227 of the Constitution of India.

6. Accordingly, the Petition is dismissed at the motion stage itself.