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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI
B.Gopinath – Appellant
Versus
J.Neelavathi – Respondent
| Table of Content |
|---|
| 1. introduction and parties involved in the case. (Para 1 , 2) |
| 2. overview of the factual background and claims involved. (Para 3 , 4 , 5) |
| 3. arguments pertaining to the counter claim and res-judicata. (Para 6 , 8) |
| 4. court's analysis regarding the validity of the counter claim. (Para 7 , 9 , 10) |
| 5. conclusion and dismissal of the civil revision petition. (Para 11) |
ORDER :
R. KALAIMATHI, J.
This Civil Revision Petition is filed by the Plaintiff in O.S.No.5411 of 2019 on the file of IV Assistant Judge, City Civil Court, Chennai, to set aside the order dated 04.08.2023 passed in I.A.No.5 of 2022 in O.S.No.5411 of 2019 as mentioned supra.
2. Heard Mr.S.Sadasharam, learned counsel appearing for the petitioner and Mr.C.S.Kiran, learned counsel appearing for the respondents.
3. The grievance of the petitioner is that the 1st respondent had filed a suit in O.S.No.3539 of 2019 against the present petitioner for the relief of declaration that the plaintiff is entitled to half share in the property described in A-schedule and to pass preliminary decree directing the defendant to render accounts relating to the sale of B- Schedule property. In which, the present petitioner filed an app
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.
The outer limit for filing a counter claim is the date of framing of issues, and a counter claim cannot be filed in respect of a cause of action that arose subsequent to the filing of the written sta....
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 concluded that the issues of property nature and limitation are mixed law and fact, necessitating trial rather than dismissal under Order VII Rule 11 of CPC.
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.
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