The right of a defendant to set up a counter-claim is limited to causes of action accruing before the defendant has delivered his defense or before the time limited for delivering his defense has expired.

S.K. SETH, J.

1. Based on an earlier compromise decree passed in Civil Suit No 3-A/1952, petitioners filed a title suit for possession and mense profits in respect of House No. 850 Lordgunj Ward Jabalpur, from respondent No.2(i) to(iv) on the allegations that in 1996 respondents No. 1(a) to (e) after receiving heavy premium, illegally inducted respondents 2 (i) to (iv) to house No. 850 and permitted them to reconstruct or make additions or alteration in the suit house to carry on business in the name and style of M/s. Roopali Collections without payment of rent. Thus, according to petitioners they are entitled to get back possession of House No. 850 and mense profits from respondent No. 2(i) to (iv).

2. Respondents No. 1(a) to (e) in their written statement accepted the compromise decree and that the respondent No.,1 is Public Trust but denied that petitioners are entitled to get back possession of House No. 850.

3. Respondent No. 2(i) to (iv) in their written statement denied the relief claimed in the suit. They also denied that the trial Court has pecuniary jurisdiction to try the suit. Subsequently, they set up a counter-claim against the plaintiffs as well as other respondents by filing an application under Order 6 Rule 17. Trial Court vide order 29.7.2009 rejected the counter claim. This order of the trial Court was challenged in W.P.No. 9172/2010. On 26.8.2010, W.P. was withdrawn with liberty to move fresh application in the trial Court to set-up counter-claim only against the plaintiffs.

4. In view of the said liberty, respondent No. 2(i) to (iv) filed another application and by the order impugned, trial Court allowed them to raise/set-up counter-claim in respect of the suit house No. 850. Hence this petition by the plaintiffs. Now the question that arises for our consideration is as to whether a defendant has unfettered right to file counter-claim at any time after filing of the written statement? In other words, can a counter-claim be filed after filing of the written statement or after the time fixed for the said purpose has expired?

5. Earlier there was no provision for filing a counter-claim by a defendant before the amendment to the Code in the year 1976 when Rule 6-A was inserted in Order 8 Sub-rule (1) which is relevant reads as follows :-

"A defendant in a suit may, in addition to his right to pleading a set-off under Rule 6, set up by way of a counter-claim, against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after filing of the suit but before the defendant has delivered his defense or before time limited for delivering his defense has expired, whether such counterclaim is in the nature of a claim for damages or not:

Provided that such counterclaim shall not exceed the pecuniary limits of the jurisdiction of the Court."

6. In our considered opinion the words "either before or after filing the suit but before the defendant has delivered his defense or before time limited for delivering his defense has expired" appearing in Order 8 Rule 6-A (1) C.P.C. would limit the right of defendant to set up by way of counter-claim in respect of a cause of action which arose after he delivered his defense or after the expiry of date of filing defense only. The enabling provision introduced by the 1976 amendment entitles a defendant in a suit to set up by way of counter-claim against the claim of the plaintiff any right or claim in respect of cause of action accruing to him against the plaintiff either before or after filing of the suit but before the defendant has delivered his defense or before the time limited to delivering his defense has expired. But any cause of action which may arise after the filing of the written statement or after the expiry of date for filing the defense will not come within the scope of Order 8 Rule 6- A(1)C.P.C. There is no other limitation for filing a counter-claim as otherwise that would defeat