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ALOK KUMAR VERMA
Vivek Agarwal – Appellant
Versus
Vikram Agarwal – Respondent
JUDGMENT :
Alok Kumar Verma, J.
The challenge in the Revision, filed under Section 115 of the Code of Civil Procedure, 1908 (in short, “Code”), is to an order dated 24.12.2021, passed by learned IInd Additional Civil Judge (Senior Division), Dehradun in Original Suit No. 706 of 2003, “Vikram Agarwal Vs. Bank of Baroda and Others”, whereby, the written statement filed by the respondent no.1-plaintiff against the counter-claim of the revisionist-defendant no.7 has been permitted to be filed and taken on record subject to payment of costs of Rs.10,000/-. Hence, the present Revision.
2. The brief facts of the present case, which are necessary to notice for deciding the present Revision, are that in the original suit (O.S. No.706 of 2003), filed by the respondent no.1-plaintiff for declaration, cancellation of the registered lease deed dated 03.10.2003/17.10.2003, partition and compensation, the revisionist-defendant no.7 filed his written statement with counter-claim against the plaintiff on 31.05.2004 seeking the relief of cancellation of the registered sale-deed dated 13.05.2003, which was kept on the record. The trial court, while deciding the issue no.11 on 02.01.2019, directed the re
The court upheld the trial court's discretion in allowing a late written statement against a counter-claim, emphasizing that no fixed period was established for its submission.
Counter claims must be filed before the settlement of issues in a trial stage; filing after issues are settled is not maintainable.
The main legal point established is that the court should exercise its discretion in allowing amendments to pleadings, and failure to consider the amendments sought may result in the court not proper....
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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