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SANJAY KUMAR DWIVEDI
Cedrick Maxwell Francis – Appellant
Versus
Verna D’Cruz – Respondent
JUDGMENT
Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No.1.
2. In the order dated 10.01.2025, it is recorded that the O.P. No.3 service has been effected and the legal heirs of deceased O.P. No.2 has been served through counsel who is appearing in the suit and the said report is at Flag-A. On that day, the matter was adjourned to provide them one more opportunity to appear and in spite of that they have not appeared, as such this petition is being heard on merit.
3. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 06.02.2023 passed by learned Civil Judge (Sr. Division-II), Jamshedpur in Title Suit No.89 of 2016 whereby the learned Court has been pleased to treat the written statement and counter claim filed by the opposite party No.1 and admitted the same at the stage of final argument in Title Suit No.89 of 2016. Further prayer is made for quashing of the order dated 01.02.2023 passed in the said suit whereby the sheristadar report was called by the learned Court after lapse of almost six years from the date of filing of the same.
4. Mr. Prashant Pallav, learned cou
Counter-claim – Defendant can claim set-off of any ascertained sum of money legally recoverable by him from plaintiff, against plaintiff’s demand, in a suit for recovery of money – Order 8 Rule 6-A o....
The plaintiff has an inherent right to oppose any claim made by the defendant, and the court has the discretion to exclude the counter-claim in favor of the plaintiff.
(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....
Counterclaims may be allowed after closing evidence if justified by circumstances; procedural rules must serve justice.
Counter-claim by defendant – Though normal rule is that subsequent to filing of written statement, counter-claim cannot be filed after issues have been framed, under exceptional circumstances, counte....
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
The court upheld the Family Court's decision to allow objections to a counter claim, emphasizing the necessity of equity over technicalities in matrimonial disputes.
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