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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
ROCKEY C NEROTH – Appellant
Versus
M/S. MADONNA EXPORTS – Respondent
| Table of Content |
|---|
| 1. counter claims can be barred by limitation. (Para 1 , 2) |
| 2. arguments regarding interrogatories and evidence. (Para 3) |
| 3. court's observations on necessity of pleadings. (Para 4 , 5 , 6) |
| 4. final ruling regarding counter claims and limitation. (Para 7) |
| 5. directions for the lower court's trial proceedings. (Para 8) |
JUDGMENT
OPC No.2169 of 2016 has been filed challenging Ext.P9 order, whereby an application filed by the petitioner for striking off paragraphs 2 to 8 in the written statement has been dismissed by the Court below. The petitioner had filed OS.No.540 of 2013 for realisation of amounts based on five dishonored cheques. The issuance of the cheques and its dishonor is not disputed. The respondents filed a written statement and also a counter claim alleging that the petitioner had borrowed an amount of Rs.50 lakhs on condition to repay the same within two years. The date of borrowal is stated to be 11.04.2009. The suit was filed in 2013, by which time, the period of limitation for claiming the amount of Rs.50 lakhs had already expired. The counter claim was preferred on 13.08.2014. According to the petitioner, the counter claim is barred by limitation. It is als
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