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A. BADHARUDEEN
Southern Dredging Co (P) Ltd – Appellant
Versus
K. Muhammed Haji – Respondent
JUDGMENT :
This Original Petition has been preferred by the defendant in O.S.No.624/2012 on the file of the IIIrd Additional Sub Court, Kozhikode (formerly O.S.No.190/2011 on the file of Sub Court, Thalassery) challenging Ext.P6 order, viz., order in I.A.No.5/2021 dated 28.10.2021. The respondent herein is the sole plaintiff before the trial court.
2. Heard the learned counsel Sri Millu Dandapani, appearing for the petitioner and Advocate K.V.Pavithran, appearing for the respondent.
3. It is argued by the learned counsel for the petitioner that the petitioner filed written statement in the Suit claiming Rs.16,83,000/- by the respondent herein, on 21.10.2011 and thereafter additional written statement was filed on 07.10.2021 with petition to receive the same. It is submitted further that by way of additional written statement, the petitioner put up plea of `adjustment' of the Suit amount towards the damages sustained to the petitioner which is assessed as Rs.77,41,970/-.
4. The respondent herein, the plaintiff in the Suit, filed objection and zealously opposed acceptance of additional written statement, which was filed after a period of 10 years with plea of `adjustment'.
5. It is submit
Point of Law : No pecuniary liability arises till the Court determine that the party complaining of the breach is entitled to damages.
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 ....
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....
A counterclaim must be raised before issue framing begins; late submissions risk disrupting judicial efficiency and violate procedural rules.
The main legal point established in the judgment is the discretionary power of the court to permit subsequent pleadings under O.8 R.9 of the Code of Civil Procedure, 1908, and the purpose of such ple....
The main legal point established is that the court should exercise its discretion in allowing amendments to pleadings, and failure to consider the amendments sought may result in the court not proper....
Under Order VIII Rule 9 CPC, leave for additional written statement denied if sought to retract clear admissions in original, as it prejudices plaintiff by substituting new case; counsel inadvertence....
The main legal point established in the judgment is that the discretion to allow amendments should be exercised judiciously, and no application for amendment should be allowed after the trial has com....
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