The main legal point established in the judgment is that the timely filing of counter claims is crucial, and limitations exist on filing counter claims after the commencement of trial as per the provisions of the Civil Procedure Code.

The Petitioner/1st Defendant has preferred the present Civil Revision Petition as against the order dated 08.10.2010 in I.A.No.351 of 2010 in O.S.No.283 of 2005 passed by the Learned Second Additional District Munsif, Coimbatore.

2. The Learned Second Additional District Munsif, Coimbatore, while passing the impugned order in I.A.No.351 of 2010 in O.S.No.283 of 2005 on 08.10.2010, has, in paragraphs 6 and 7, inter alia, observed and held that '.... The Petitioner/1st Defendant on 07.11.2005 has filed the written statement and also made a counter claim and in the written statement has reserved the right of filing the counter claim and on 25.01.2008 the counter claim has been filed but the case has come for final trial on 21.03.2006. As per Order 8 Rule 6 the counter claim has to be filed within the time prescribed for filing the written statement and when the suit is in final stage, the counter claim cannot be accepted and as per Order 8 Rule 9 of C.P.C. the counter claim could not be filed as additional written statement and resultantly, dismissed the petition without costs'.

3. Challenging the dismissal of the order dated 08.10.2010 in I.A.No.351 of 2010 in O.S.No.283 of 2005 passed by the Learned Second Additional District Munsif, Coimbatore, the Learned Counsel for the Petitioner/1st Defendant contends that the trial Court has committed an error in refusing to receive the additional written statement filed in the form of counter claim, which is against law, weight of evidence and all probabilities of the case.

4. According to the Learned Counsel for the Petitioner/1st Defendant, there is no bar in law for a party to file counter claim after filing the written statement. Further, the Learned Counsel for the Petitioner/1st Defendant submits that Order 8 Rule 9 of Civil Procedure Code says that other than by way of defence to a set off or a counter claim, only with the leave of the Court pleadings subsequent to the written statement shall be presented and it is up to the Court to decide.

5. Yet another submission of the Learned Counsel for the Petitioner/1st Defendant is that the cause of action is the main criteria to decide the stage and not the factum of filing the written statement. Added further, the Learned Counsel for the Petitioner/1st Defendant strenuously submits that the trial Court has failed to appreciate that the Petitioner/1st Defendant is entitled to file a counter claim either at the time of filing the written statement or at the subsequent stage of the suit, provided the cause of action for filing of the said counter claim should have arisen prior to the date of filing the written statement.

6. That apart, the Learned Counsel for the Petitioner/1st Defendant projects an argument that adding of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement are permissible as per decision of the Hon'ble Supreme Court in Usha Balashaheb Swami and others V. Kiran Appaso Swami and others, (2007) 5 Supreme Court Cases 602.

7. Lastly, it is the plea of the Learned Counsel for the Petitioner/ 1st Defendant that all Rules of Procedure are nothing but provisions mainly intended to secure the proper administration of justice and a liberal and lenient view in allowing the petition seeking permission of the Court to file counter claim must be exercised, to secure the ends of justice.

8. The Learned Counsel for the Petitioner/1st Defendant, in support of his contention that the counter claim of the Petitioner/1st Defendant can be allowed by a Court of Law in a liberal fashion, cites the decision of this Court in Syed Mohamed and another V. Nabisath Beevi and another, 2000-2-L.W.-575 wherein it is observed as follows:

"If the counter claim does not exceed pecuniary limits of Jurisdiction of court and was filed before the defendant has delivered his defence or before the time for delivering his defence has expired, the same could be entertained."

9. He also relies on the de