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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 :
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.
3. Heard Mr. B.Bhuyan, learned Senior counsel with Mr. S.S.Bhuyan for the plaintiff-petitioner and Mr. M.K.Dash, learned counsel appearing for the defendant No.5-Opposite Party.
1. Ashok Kumar Kalra v. Wing CDR. Surend
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 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 ....
A counter-claim can be filed after the written statement if the cause of action arose prior to or during the suit, subject to judicial discretion to avoid prejudice.
Counter-claims must be timely and justified; substantial delay without explanation can result in rejection, although courts retain discretion to evaluate circumstances.
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