Point of Law : Counter claim - Cause title - Not mandatory.

JUDGMENT :

Is it necessary that a counter-claim be headed by a cause title is the short point that arises for consideration in this original petition?

2. The petitioner’s case in the original petition is that he is the 8th defendant in O.S. No.121/2016, on the file of the Court of the Munsiff, Varkala. The respondents 1 to 20 are the plaintiffs, and the respondents 21 to 28 are the defendants in the suit. The suit is filed for a decree of permanent prohibitory injunction to restrain the petitioner from trespassing into the Mambazhamoola Ganapathi Temple. The petitioner and the other defendants have raised a counter-claim. As per Exhibit P2 daily status report, the trial court had partly decreed the suit and counterclaim. The petitioner had applied for the judgment and decree. Surprisingly, Exhibit P3 notice was issued to the learned counsel appearing for the petitioner, informing him that the office was unable to prepare the judgment and decree due to the absence of the cause title in the counter-claim. Accordingly, the petitioner had filed Exhibit P5 application to correct the cause title in the counter-claim. The application was opposed by the third respondent. The court below did not pass any orders on the application and has not issued the judgment and decree. Aggrieved by the inordinate delay on the part of the court below in issuing the certified copy of the judgment and decree, this original petition is filed.

3. Heard, Sri. S.K. Adhithyan, the learned counsel appearing for the petitioner.

4. This Court had, by order dated 22.09.2021, directed the Registry to call for a report from the learned Munsiff to state why the judgment and decree in the suit were not issued to the petitioner.

5. The learned Munsiff has, by communication dated 24.09.2021, informed this Court that the judgment in the suit and the counter-claim was pronounced on 05.04.2021. But when the file was taken for preparing the cause title and appendix of the judgment, it was found that the counter-claim was not headed by a cause title. Due to the absence of the cause title, it was not possible for the office to prepare the judgment and decree. In the above situation, Exhibit P3 notice was issued to the learned counsel appearing for both sides. The judgment and decree have, till date, not been issued to the parties.

6. The petitioner and the other defendants in the suit have raised a counter-claim along with their written statement. Exhibit P2 status report shows that the suit and the counter-claim were partly decreed. The stand of the court below is that the judgment and decree cannot be issued, as the counter-claim is not headed by a cause title.

7. Order VII Rule 1 of the Code of Civil Procedure reads thus :

“1. Particulars to be contained in plaint – The plaint shall contain the following particulars:-

(a) the name of the Court in which the suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.”

8. Order VIII Rule 6A of the Code of Civil Procedure reads thus :

“[6A. Counter-claim by defendant.-(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the de