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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra
Prafulla Kumar Tripathy – Appellant
Versus
Malasinha Swain – Respondent
| Table of Content |
|---|
| 1. overview of the case's procedural background and pending issues. (Para 2) |
| 2. arguments regarding the legality of introducing a counter-claim. (Para 3 , 5 , 10) |
| 3. court's observations on the admissibility of the counter-claim after amendment. (Para 6 , 8 , 11) |
| 4. ratio decidendi highlighting the legal importance of timely counterclaims. (Para 7 , 9 , 12) |
| 5. final decision confirming the lower court's ruling. (Para 13) |
JUDGMENT :
Sashikanta Mishra, J.
The petitioner is the plaintiff in C.S. No. 7558 of 2015 pending in the Court of learned 1st Additional Civil Judge (Senior Division), Bhubaneswar. The Opposite Party No.1 is defendant No.5 while the Opposite Party No. 2 to 5 are proforma defendant Nos. 1 to 4 in the said suit. In the present application, the plaintiff-petitioner questions the correctness of order dated 24.08.2023 passed by the Court below whereby, the application filed by defendant No.5 for amendment of his additional W.S. to incorporate counter claim was allowed.
2. The facts, relevant only for deciding the present case are that the plaintiff had filed the suit originally seeking the relief of permanent injunction against the defendants in respect of the s
A counter-claim can be allowed even after the settlement of issues if it arises from the same transaction or subject matter and preserves the integrity of the legal process.
A counterclaim must be raised before issue framing begins; late submissions risk disrupting judicial efficiency and violate procedural rules.
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
Counter-claims must arise before the defendant delivers their defense; otherwise, they are barred by limitation under the Code of Civil Procedure.
(1) Counter-claim – Relief of specific performance cannot be set up by way of a counter-claim.(2) Counter-claim is treated as a cross-suit and is governed by rules applicable to plaints, including ob....
When court had no discretion to disobey mandate of law namely, Section 3(i) r/w 3(2)(b)(ii) of Limitation Act, 1963, and therefore, it could not have granted leave to make a Counterclaim by amending ....
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