The statutory right of the Defendant to file a counter claim to avoid multiplicity of suits and ensure speedy justice, as per Order 8 Rule 6A of CPC and legal precedent.

1. This Civil Revision Petition is filed by the Plaintiff in OS.NO.286/2009 on the file of the learned II Additional District Munsif, Tirunelveli against the acceptance of the counter claim made by the Defendant by way of Additional Written Statement by order dated 11.01.2012 made in IA.No.1035/2011.

2. This Civil Revision Petition arises out of Os.NO.286/2009, a suit filed by the Petitioner for permanent injunction restraining the Defendant from interfering with his possession and enjoyment of the suit property. The Plaintiff has claimed to have purchased the suit property through a registered sale deed dated 26.12.2008 from the Defendant.

3. The Defendant resisted the claim by contending that the sale deed is a forged one created by the Plaintiff in collusion with one Chandrasekar. It is contended inter alia that one Chandrasekar had taken a power deed from the Defendant in order to enable him to rent out the 1st schedule of property of the suit property to one Chandran and by misusing the said power, the sale deed in favour of the Plaintiff has been created. It is contended that the power deed and the sale deed dated 26.12.2008 are forged document.

4. The Trial Court framed necessary issues and the case was posted for trial. The Plaintiff was examined as PW.1 and he was subjected to cross examination. At that stage, the Respondent/Defendant had filed an application to receive Additional Written Statement with counter claim seeking to pass a decree to cancel the sale deed dated 26.12.2008 in respect of the suit property.

5. Mr.S. Mani, the learned counsel for the Petitioner strenuously contended that the counter claim cannot be allowed after the commencement of trial and the amendment sought for to incorporate a counter claim cannot be entertained. He would contend that if the Defendant is permitted to raise a counter claim at a belated stage i.e. after recording of evidence commenced, then it will delay the disposal of the case and the Plaintiff will put to irreparable injury and loss. The learned counsel placed reliance on the decision of the Division Bench of this court reported in 2003-2-MLJ-56 (Southern Ancillaries Private Limited by its Managing Director Vs. Southern Alloy Foundries Private Limited by its Managing Director) in support of his contention that though the Defendant can be permitted to raise a counter claim even after filing the Written Statement, but that should be before the commencement of recording of evidence.

6. On the other hand, Mr.M. Saravanan, the learned counsel for the Respondent drew the attention of this court to the averments made in the original Written Statement and contended that there is factual foundation for the counter claim in the original Written Statement as the sale deed in question was denied as a forged one and therefore, the counter claim made by the Respondent cannot be rejected.

7. This court heard the learned counsel for the parties and perused the records.

8. On a bare reading of Order 8 Rule 6A of CPC, it is clear that filing of counter claim after filing of the Written Statement is not barred if the cause of action for the counter claim had arisen before the filing of the Written Statement.

9. In the case of Mahendra Kumar Vs. State of Madhya Pradesh (AIR-1987-SC-1395), the Honourable Supreme Court while dealing with the provision of Rule 6A(1) of Order 8 of CPC, held as under:-

"The next point that remains to be considered is whether Rule 6-A(1) of Order 8 of the Code of Civil Procedure bars the filing of a counter-claim after the filing of a written statement. This point need not detain us long, for Rule 6-A(1) does not, on the face of it, bar the filing of a counter-claim by the defendant after he had filed the written statement. What is laid down under Rule 6-A(1) is that a counter-claim can be filed, provided the cause of action had accrued to the defendant before the defendant had delivered his defence or before the time limited for delivering his