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AJIT KUMAR
Kayum – Appellant
Versus
Mohd. Siddiki – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.-Heard Sri R.C. Singh, learned Senior Advocate assisted by Sri Vishwa Pratap Singh, learned counsel for the petitioner and Sri Hari Prakash Tiwari, learned counsel appearing for the contesting respondent.
2. By means of this petition filed under Article 227 of the Constitution, petitioner has challenged the order passed by the trial Court allowing the amendment in the written statement as well as counter-claim incorporated in the amendment application itself, moved on 19.12.2013 after exchange of pleadings initially made between the parties and also after framing of issues that took place on 27.11.2013.
3. The submission advanced by learned Senior Advocate is two-fold: Firstly, all these facts that are sought to be pleaded by way of amendment in the written statement were within the knowledge of the defendant-respondent and thus the respondent could have set up a counter-claim at that very stage while filing the written statement. Hence, he having the knowledge of the same, even the amendment application was barred in view of proviso contained under Order 6 Rule 17 of Civil Procedure Code; and secondly, the counter-claim could not have been accepted as
Counter-claims must be filed independently and cannot be included in an amendment application to a written statement.
Amendment of pleadings after the commencement of the trial is not permissible unless the party can show that in spite of due diligence, the matter could not have been raised before the commencement o....
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 ....
Amendments to written statements are permissible to clarify defenses but must not change the suit's nature; counterclaims must be timely filed before issues are framed.
The main legal point established is that while the general rule is to file a counterclaim at the time of filing the written statement, there is no bar to raising it at any time later, and the issue o....
Judicial discretion permits amendments to pleadings if justified, aiming for effective dispute resolution while maintaining procedural integrity.
Counter claims must be raised before issues are framed and within the limitation period, as per the Code of Civil Procedure and Limitation Act.
The main legal point established is that the allowance of counter-claims should be approached with a balanced perspective, considering the cause of justice and the need for procedural fairness.
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