AI Overview...
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Counter-Claim Cannot Be Accepted Without Plaintiff's Rejoinder - Multiple sources emphasize that a plaintiff's inability to file a rejoinder or counter to a counter-claim is a procedural restriction. Specifically, courts have held that a plaintiff cannot lodge a counter-claim in response to a defendant’s counter-claim (e.g., Laxmi Hardware Store VS Madhu Sudan - Rajasthan, EDEN CONSULTANCY SERVICES PVT LTD vs KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD - Calcutta, Eden Consultancy Services Pvt. Ltd. vs Kerala State Electronics Development Corporation Ltd. - Calcutta). Courts also stress that counter-claims are only permissible between the original plaintiff and defendant, and inter-defendant counter-claims are generally not allowed (EDEN CONSULTANCY SERVICES PVT LTD vs KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD - Calcutta, Eden Consultancy Services Pvt. Ltd. vs Kerala State Electronics Development Corporation Ltd. - Calcutta).
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Procedural Requirements and Limitations - Proper adherence to procedural rules, such as filing affidavits of admission/denial and respecting timelines, is crucial. Failure to do so can lead to rejection of counter-claims or rejoinders (Unilin Beheer B. V. VS Balaji Action Buildwell - Delhi, Mahesh Govindji Trivedi VS Bakul Maganlal Vyas - Supreme Court). Courts have clarified that counter-claims should be filed within prescribed timeframes, and filing a counter-claim after issues are framed is typically barred unless under exceptional circumstances (Mahesh Govindji Trivedi VS Bakul Maganlal Vyas - Supreme Court).
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Rejoinder and Admission - Filing a rejoinder or written statement in response to a counter-claim does not automatically amount to admission of the counter-claim; it is a procedural step allowing the plaintiff to contest the counter-claim (K. Sajjan Raj VS Gopisetty Chandramouli - Andhra Pradesh).
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Legal Principles and Court Views - Courts have consistently held that a counter-claim must be directly related to the original suit and filed by the defendant against the plaintiff. Acceptance of counter-claims or partition claims by courts must follow procedural correctness; otherwise, such acceptance may be deemed erroneous (Krishna Kumar Sinha vs Smt. Seema Kumari - Patna).
Analysis and Conclusion:
The consensus across the sources is that a plaintiff cannot accept or file a counter-claim in response to a defendant’s counter-claim. The legal framework and procedural rules restrict counter-claims to be initiated by defendants against plaintiffs, and a rejoinder or subsequent reply by the plaintiff to a counter-claim is a procedural step but does not permit the plaintiff to introduce a new counter-claim. Courts emphasize strict adherence to procedural timelines and rules, and any deviation or attempt by the plaintiff to counter a counter-claim without proper procedural basis is generally rejected.
Search Results for "Without Counter Claim by Plaintiff Rejoinder Cannot be Accepted"
2019 0 Supreme(Del) 585 • India - Delhi
RAJIV SAHAI ENDLAW
The defendant contested the suit and filed a Counter Claim for revocation of the patent. ... The plaintiff's written statement to the Counter Claim was not accompanied by an affidavit of admission/denial of documents as required ... Failure of defendant to file an affidavit of admission and denial of documents filed by plaintiff - Patent infringement suit - ... can be granted, and, vii) the plaintiff's interpretation of Rules 3 and 4 of Chapter VII of the Rules cannot be acce....
2024 Supreme(Online)(KAR) 36245 • India - High Court of Karnataka
MR JUSTICE R. NATARAJ, J
that there cannot be an automatic decree for the counter-claim without the defendant establishing entitlement through evidence. ... The court emphasized strict adherence to timelines under CPC while allowing the plaintiff to contest the counter-claim, provided ... ... ... Findings of Court: ... The court upheld the order allowing the plaintiff to file a belated reply to the counter-claim, emphasizing ... In that....
2025 Supreme(Online)(Cal) 4730 • India - In the High Court at Calcutta Commercial Division Original Side
ANIRUDDHA ROY, J
The application for leave to file a rejoinder and written statement in response to a counter-claim by a co-defendant is analyzed ... The Court finds that the counter-claim is exclusively between the plaintiff and defendant, thus denying the request by the co-defendant ... All these provisions laid down under Order VIII of CPC unambiguously and without any doubt demonstrate that a counter claim would only lie in between the #HL_STAR....
2000 0 Supreme(Raj) 1510 • India - Rajasthan
N.P.GUPTA
The court held that the plaintiff cannot lodge a counter claim to the defendant's counter claim, and the impugned order suffered ... Ratio Decidendi: The court held that the plaintiff cannot lodge a counter claim to the defendant's counter claim, and the ... Finding of the Court: The court found that the plaintiff cannot lodge a co....
2022 8 Supreme 214 • India - Supreme Court
DINESH MAHESHWARI, ANIRUDDHA BOSE
cannot be filed after issues have been framed, under exceptional circumstances, counter-claim may be permitted to be filed even ... on record without considering relevant aspects of the proceedings in the suit and the law applicable thereto as also without considering ... By said order dated 02.05.2019, Single Judge of High Court dealing with the trial of suit in question, had accepted notice of motion ... Affidavit in Reply by the Plaintiff is to be filed and served ....
1990 0 Supreme(AP) 196 • India - Andhra Pradesh
I.P.RAO
to set up any right or claim in respect of the cause of action accruing to the defendant against the plaintiff either before or ... to the claim put forth by the plaintiff in the suit itself There is nothing in Rule 6-A of Order 8 of the Code of Civil Procedure ... suit for decree for possession Dismissal of second suit by trial Court and decree granted in counter claim by defendant on basis ... The contention of the learned counsel for the appellant that the plaintiff#HL_END....
2011 0 Supreme(AP) 268 • India - Andhra Pradesh
B.CHANDRA KUMAR
to file rejoinder to the written statement in no way amounts to admission. ... A) CIVIL PROCEDURE CODE, 1908, Section 100 and Order 8 Rule 9 - Transfer of Property Act, 1882, Section 106:- Failure of the plaintiff ... Contention in the second appeal that the averment in the written statement that the eviction notice issued by the plaintiff had not ... It is also his contention that admittedly the defendant did not make any counter claim or pleaded set off and only in case where the defendant had claimed....
2012 0 Supreme(Gau) 14 • India - Gauhati
BIPLAB KUMAR SHARMA
by Sub-Divisional Advisory Board for Elementary Education - If that be so it is not understood as to why they have accepted appointment ... affidavit to tile affidavit in opposition filed by BTC - In said rejoinder affidavit it has been stated that they were selected ... of BTC it will have to be understood that they have admitted stand of BTC - In so far as is concerned in petitioners have filed rejoinder ... Above being the factual position of the matter, I have no hesitation to hold that the petitioners are the product of illegal appoi....
2024 Supreme(Online)(HC) 11 • India - Patna High Court
Arun Kumar Jha, J
forged gift deed as void - The learned trial court erred in accepting a counter claim for partition concerning different properties ... (Paras 3, 6, 8, 11) ... ... (B) Counter-Claim - The trial court ... ... ... Findings of Court: ... The court concluded that the acceptance of the counter-claim was erroneous and contrary to procedural ... More importantly, such a counter claim must be against the plaintiff! Evidently, in the pr....
2025 Supreme(Online)(Cal) 4734 • India - IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY
’ in Rule 9 includes only the plaintiff and defendants in relation to the suit's counter-claim, inhibiting parallel claims among ... ... ... Ratio Decidendi: The ruling articulated that an additional written statement cannot be allowed from one defendant to counter ... plaintiff and the defendants, prohibiting inter-defendant counter-claims in the same suit. ... GA-COM/7/2025 under Order VIII of CPC unambiguously and without any doubt demonstrate t....
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