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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
Rajeswariammal (died) – Appellant
Versus
Lumdy Joe Reeba – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
This Civil Revision Petition arises against the order of return of Counter Claim SR.No.10600 of 2022 in O.S.No.185 of 2020 by learned Principal District Munsif Court at Alandur, dated 05.09.2024.
2. The Civil Revision Petitioners are the defendants in the suit. O.S.No.185 of 2020 is a suit for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit premises. The suit premises has been described as an extent of 572 sq.ft comprised in Door No.2/33 bearing S.Nos.R.S.1622, 1623/2 and GLRS 256/213.
3. The claim of the plaintiff is that she had obtained the property from one Murali. Murali had got the property from his father Vasudevan Pillai. Vasudevan Pillai had obtained the property by way of a partition deed dated 24.04.1969. After she had acquired the said property, she wanted to demolish the existing superstructure and put up a new one. Considering that the defendants are neighbours, she constructed a temporary toilet so as to enable the defendants to enjoy the property.
4. The second defendant claimed that some of the property, which belongs to him, had been taken over by the plaintiff. Henc
A counter claim under Order VIII Rule 6A of the Code of Civil Procedure can arise from any right or claim against a plaintiff's claim without needing to relate to the same property.
The court affirmed that counter claims can be filed to prevent multiplicity of proceedings, even after the written statement, as long as they comply with legal principles.
The court has the discretion to entertain filing of the counter claim after the written statement, but such filing should not be done at a highly belated stage. The court should consider various fact....
A counter claim can be treated as a plaint and maintained independently, but must not exceed the court's pecuniary jurisdiction.
The court ruled that a counter claim can proceed if a prior suit on the same issue was not finally decided, thus negating res-judicata.
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