AI Overview...
- Written Statement Cum Counter-Claim - Main points and insights:
- A defendant can file a written statement along with a counter-claim seeking specific reliefs, such as declaration of rights or ownership (01400026591).
- Amendments to written statements, including adding or withdrawing admissions or counter-claims, are permissible under certain conditions, often requiring court approval (02200024975, 02200006712, 00200034654, 01100005859).
- Withdrawal of a counter-claim or a prayer within the written statement may be allowed, but typically depends on whether it prejudices the plaintiff's case or affects the suit's progress (01500045193, 02200024975).
- Courts generally do not permit the withdrawal of admissions made in the written statement if it would displace or prejudice the plaintiff's case, unless specific procedural requirements are met (00200034654, 01500045193).
- Amendments related to counter-claims are subject to the principles of relation back and limitation, and courts may allow amendments if they do not prejudice the other party and are made in good faith (02200024975, 02200006712).
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The concept of withdrawal of a suit itself is separate from withdrawal of pleadings; a plaintiff can withdraw a suit, but this does not automatically impact the defendant's counter-claims filed in the same proceedings (not explicitly covered in sources but implied from procedural context).
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Analysis and Conclusion:
- A written statement filed by the defendant can include a counter-claim, and both can be amended or withdrawn subject to judicial discretion.
- Withdrawal of a counter-claim or a prayer within the written statement is permissible if it does not prejudice the plaintiff's case and follows proper procedural steps.
- Courts tend to restrict the withdrawal of admissions in written statements, especially if such admissions are fundamental to the plaintiff's claim.
- Overall, the ability of a plaintiff to withdraw a suit is separate from the defendant's ability to withdraw or amend pleadings, including counter-claims, within the ongoing proceedings.
- Therefore, a defendant's written statement cum counter-claim can be amended or withdrawn with court approval, but such withdrawal does not automatically lead to the plaintiff's withdrawal of the entire suit.
References: - Ketaki Hotel Cum Rajdeep VS Tina Dowerah - Gauhati - Armando Pereira VS DSouza s/o. John DSouza - Bombay - BRUNDABAN SAHU VS PABITRA KUMAR SAHU - Orissa - Raj Kumar Singh VS Pawan Kapoor - Punjab and Haryana - JAGADAMMA, D/O. BHARGAVI AMMA VS INDIRA, D/O. MADHAVI AMMA - Kerala - BRUNDABAN SAHU VS PABITRA KUMAR SAHU - Orissa - BHAGAT RAM VS BACHANA - Himachal Pradesh - Jai Bharat Plywood and Hardware rep by its Proprietor VS Vinod - Andhra Pradesh - MOHD ASHHAR VS ZEESHAN ZAMA KHAN - Delhi - CLARIDGES HOTEL PRIVATE LIMITED VS M. M. BHAGAT AND COMPANY - Delhi
Search Results for "If Written Statement Cum Counter Claim Filed by the Defendant can Plaintiff Withdrawal of the Suit"
2018 0 Supreme(Gau) 1028 • India - Gauhati
KALYAN RAI SURANA
cost - Petitioners had contested suit by filing their written statement cum counter-claim inter-alia for decree of declaration that ... land as well as averments in written statement against counter claim suit would be filed to challenge forged documents constituted ... petitioners had acquired right title interest and ownership land described in the schedule of written....
2009 0 Supreme(Bom) 362 • India - Bombay
C.L.PANGARKAR
cannot be simply allowed to withdraw original written statement and substitute the same with new one. ... permitted to be added in garb of a consequential amendment though it can be applied by way of an independent or primary amendment-Defendant ... The defendants in their written statement admitted that by virtue of an agreement dated 7-4-1967 the plaintiff worked as their stockist-cum-distributor. ... The defendant Nos.3 and 4 #HL....
1998 0 Supreme(Ori) 321 • India - Orissa
P.K.MISRA
OF DEFENDANT - PREJUDICE - COUNTER CLAIM - LIMITATION - ADDITIONAL WRITTEN STATEMENT - RELATION BACK OF AMENDMENT. ... AMENDMENT OF PLAINT - ORDER 6, RULE 17, CPC - WITHDRAWAL OF ALTERNATIVE PRAYER - RIGHT OF PLAINTIFF - EXCEPTIONS - VESTED RIGHT ... The defendant agreed to the alternative prayer in his written statement. ... such a relief by way of counter claim by amending the ....
2009 0 Supreme(P&H) 1651 • India - Punjab and Haryana
SABINA
Civil Procedure Code, 1908, O. 8, R. 7A--Counter claim--Suit for injunction--Withdrawal of injunction suit--Effect of--Plaintiff ... filed suit for injunction against defendant relying on a sale deed dated 21.7.1995--Plaintiff got the suit dismissed as withdrawn ... on 16.3.2004--Defendant filed counter claim to the effect tha....
2018 0 Supreme(Ker) 191 • India - Kerala
ALEXANDER THOMAS
the pleadings in the written statement has been dismissed on the ground that the petitioner/1st defendant cannot be permitted to ... statement filed by the defendant cannot be permitted which would have the effect of displacing the plaintiff's case and cause him ... But that the defendants could be given an opportunity to explain or clarifying the admissions made by them in the written statement ... The defendants ....
1998 0 Supreme(Ori) 195 • India - Orissa
P.K.MISRA
OF DEFENDANT - PREJUDICE - COUNTER CLAIM - LIMITATION - ADDITIONAL WRITTEN STATEMENT - RELATION BACK OF AMENDMENT - COST. ... The defendant agreed to the alternative prayer in his written statement. ... AMENDMENT OF PLAINT - ORDER 6, RULE 17, CPC - WITHDRAWAL OF ALTERNATIVE PRAYER - RIGHT OF PLAINTIFF - EXCEPTIONS - VESTED RIGHT ... such a relief by way of counter claim by amendi....
2007 0 Supreme(HP) 361 • India - Himachal Pradesh
DEEPAK GUPTA
statement to the counter claim is allowed - Revision petition allowed - Parties directed to appear before the trial Court. ... Civil Procedure Code, Order 1 Rule 8 & Order 8 Rule 9 Suit - Applications for - Filing of pleadings subsequent to the written statement ... - Trial Court rejected the application - Held, that the application for amendment filed by the petitioners for amending their replication-cum-written ... The petitioners....
2010 0 Supreme(AP) 84 • India - Andhra Pradesh
B.SESHASAYANA REDDY
CIVIL PROCEDURE CODE, 1908—Order 6 Rule 17—Amendment of written statement—Withdrawal of admission—Defendant cannot be permitted to ... withdraw admission by way of amendment—Amendment of writ petition cannot be permitted— In case of amendment of a written statement ... Firstly, by deletion of word not appearing in para.7 of the written statement, and Secondly, by adding para.7-Ato the written statement after para.7....
2018 0 Supreme(Del) 1966 • India - Delhi
JAYANT NATH
filed a suit seeking specific performance, recovery, and permanent & mandatory injunction regarding a property. ... The plaintiff claimed that the defendants offered 750 Sq. ... The defendants filed an application seeking vacation of the stay order. ... On 09.12.2014, this court directed the parties to maintain status quo with respect to the title and possession of the suit property. The defendants, it is stated, filed their #HL_STA....
2001 0 Supreme(Del) 431 • India - Delhi
VIKRAMAJIT SEN
Civil Procedure Code, 1908 - Order 6 Rule 17 — Decree on admission in the written statement — Defendant filed application under Order ... the application — First application withdrawn — 2nd application for amendment of written statement filed almost immediately thereafter ... 6 Rule 17 for amendment of written statement Along with reply to the application under Order 6 Rule 6 — Further admission made in ... basis of admissions state....
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