AI Overview...
- Maintainability of Counter-Claims after Filing of Written Statement
- A counter-claim filed before the expiry of the time fixed for filing the written statement and when the cause of action has arisen prior to or at the time of filing is generally maintainable. For example, sources Promila Chopra VS Sat Pal - Punjab and Haryana, Jarnail Singh VS Sohan Singh - Punjab and Haryana, and Bhagmati Devi VS Anandi Devi - Patna affirm that counter-claims can be filed after the written statement if the cause of action had already arisen, and such counter-claims are considered valid.
- Conversely, counter-claims filed after a significant delay or after the cause of action has arisen post the filing of the written statement are often deemed not maintainable. Source Rama Chandra Mohanty VS Bhuban Barik - Orissa highlights that a counter-claim filed after thirteen years was held not maintainable, emphasizing the importance of timely filing.
- The court's stance is that a counter-claim can be made after the written statement if the cause of action had accrued before or at the time of filing. However, filing a counter-claim long after the cause of action or after issues are framed, especially without leave of court, tends to be rejected (see Bosle Mohan Rao Patel VS Dyawar Nagesh @ Dyawar Nageshwer Rao - Telangana, R. Dhanushkodi Nadar & Others VS N. Dhanabalan - Madras).
- The law, as per the Civil Procedure Code, 1908, Order 8 Rule 6A, supports filing counter-claims before the framing of issues or during the proceedings if the cause of action existed at that time. Filing after the framing of issues or evidence is generally not permissible unless the court grants leave (Maruti Vithoba Kulal VS Nivrutti Deoram Kulal - Bombay, Hadman Ram VS Ram Chandra - Rajasthan, Amit Sharma VS Bimla Devi - Punjab and Haryana).
- Analysis and Conclusion
- In summary, counter-claims are maintainable if filed before the expiry of the prescribed period and if the cause of action had arisen prior to or at the time of filing the written statement. Filing a counter-claim after the cause of action has arisen or after issues are framed, especially without court approval, is typically not maintainable. The key considerations are the timing relative to the cause of action and procedural compliance (Promila Chopra VS Sat Pal - Punjab and Haryana, Rama Chandra Mohanty VS Bhuban Barik - Orissa, Jarnail Singh VS Sohan Singh - Punjab and Haryana, Bosle Mohan Rao Patel VS Dyawar Nagesh @ Dyawar Nageshwer Rao - Telangana, Maruti Vithoba Kulal VS Nivrutti Deoram Kulal - Bombay, R. Dhanushkodi Nadar & Others VS N. Dhanabalan - Madras).
References: - Promila Chopra VS Sat Pal - Punjab and Haryana, Rama Chandra Mohanty VS Bhuban Barik - Orissa, Jarnail Singh VS Sohan Singh - Punjab and Haryana, Bosle Mohan Rao Patel VS Dyawar Nagesh @ Dyawar Nageshwer Rao - Telangana, Maruti Vithoba Kulal VS Nivrutti Deoram Kulal - Bombay, Bhagmati Devi VS Anandi Devi - Patna, Lainakalillath Thidil Kunhipathu W/o.abdul Hameed Vs Indian Union Muslim League Kanhangad - Kerala, Hadman Ram VS Ram Chandra - Rajasthan, Amit Sharma VS Bimla Devi - Punjab and Haryana, R. Dhanushkodi Nadar & Others VS N. Dhanabalan - Madras
Search Results for "When Counter Claim is Maintainable after Filing of Filed Written Statement"
2016 0 Supreme(P&H) 1050 • India - Punjab and Haryana
DARSHAN SINGH
filing the written statement, counter claim filed even after filing of the written statement will be maintainable. ... Civil Procedure Code, 1908, O.8 R.6-A--Counter Claim--If the cause of action has accrued to the defendants/counter claimants before ... counter claim after filing of the written#HL_....
2017 0 Supreme(Ori) 1493 • India - Orissa
BISWANATH RATH
The court found that the counter-claim filed after thirteen years of filing the written statement was not maintainable. ... Ratio Decidendi: The court held that the counter-claim filed after thirteen years of filing the written statement was not ... Finding of the Court: The court found that the counter-claim file....
2001 0 Supreme(P&H) 793 • India - Punjab and Haryana
R.C.KATHURIA
maintainable as it was filed before the time fixed for filing the written statement expired and related to a cause of action that ... The court emphasized that a counter-claim can be filed after the filing of the written statement if the cause of action had accrued ... Ratio Decidendi: The court held that a counter-claim can be filed after the....
2023 0 Supreme(Telangana) 532 • India - Telangana
SUREPALLI NANDA
filing of the written statement and after the issues were framed. ... with the leave of the Court long after the filing of the written statement and after the issues were framed, which was contrary to ... The plaintiff opposed the petition, stating that it was not maintainable as the counter claim was sought to be filed long after the ... It is therefore clear that the counter claim#HL_E....
2018 0 Supreme(Bom) 1497 • India - Bombay
V.K.JADHAV
filing of the written statement is maintainable - Cause of action regarding which the defendant could file a counter-claim and cause ... counter-claim after filing of the written statement is not permissible - Petition dismissed. ... of it, bars filing of counter-claim by a defendant after he had filed the written#HL....
2008 0 Supreme(Pat) 114 • India - Patna
S.N.HUSSAIN
by appellant after filing of written statement cannot be said to be not maintainable as the cause of action of counter claim had ... arisen before the filing of written statement-Counter claim is treated as a suit-Counter claim has necessarily to be directed against ... Code of Civil Procedure, 1908-Order VIII, Rule 6A-Limitation Act, 1963-Section 3(2)(b) read w....
2025 0 Supreme(Ker) 723 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU, J
written statement was filed and if the cause of action for the counter-claim arose before or after that filing. ... ' application to include a counter-claim after filing the written statement, asserting it was belated. ... The court held that a counter-claim can be filed post written statement if the cause of....
2013 0 Supreme(Raj) 711 • India - Rajasthan
ARUN BHANSALI
sought permission to file a counter claim after filing their written statement. ... filing of a written statement. ... Issues: Whether a counter-claim is permissible to be filed after filing a written statement. ... On the other hand, the learned counsel for the respondents submitted that the written statement#HL_E....
2016 0 Supreme(P&H) 975 • India - Punjab and Haryana
REKHA MITTAL
the counter claim is not maintainable either after filing of the written statement or framing of issues or even adducing evidence ... Civil Procedure Code, 1908, O.8 R.6-A--Counter Claim--Application for filing of counter claim cannot be dismissed on the ground that ... by either of the parties--However, there cannot be any dispute that a counter claim can be #H....
2005 0 Supreme(Mad) 1381 • India - Madras
R.BANUMATHI
The court found that the counter claim was belated and not maintainable as the cause of action arose after the filing of the Written ... It emphasized that a counter claim cannot be made for a cause of action that arose after the filing of the Written Statement. ... the cause of action arose after the filing of the Written Statement. ... Earlier, Writt....
Filter by Legal Phrase
