SEKAR REPORTER

Court News from Madras High Court

Nelakandan Advt Hc: NeeLaw 25/11/2019 “A counter- claim cannot be filed once recording of evidence has commenced; If a Court refuses to entertain a belated counter-claim, the same would not prejudice the Defendant because in spite of the counter-claim having been refused to be entertained he is always at liberty to file his own suit based on the cause of action for the said counter-claim” 2014(1) CTC 79 Durairaj –Vs- Arulprakash

by ·

[11/25, 15:31] Nelakandan Advt Hc: NeeLaw
25/11/2019

“A counter- claim cannot be filed once recording of evidence has commenced; If a Court refuses to entertain a belated counter-claim, the same would not prejudice the Defendant because in spite of the counter-claim having been refused to be entertained he is always at liberty to file his own suit based on the cause of action for the said counter-claim”

2014(1) CTC 79 Durairaj –Vs- Arulprakash

“21. It is to be noted that a counter- claim cannot be filed once recording of evidence has commenced, in the considered opinion of this Court. It is true that the object of Order 8 Rule 6-A of Civil Procedure Code is to avoid plurality of proceedings. Also that, the ingredients of Order 8, Rule 9 of Civil Procedure Code and Order 6, Rule 17 of Civil Procedure Code, both are contextually different. But a counter-claim cannot be filed belatedly and the law of limitation squarely applies to a counter-claim. Even though a counter- claim is to be construed/treated as a separate suit and deemed instituted in Court on which it is made, an amendment introducing counter-claim when the trial of the main case has started is to be rejected, as opined by this Court. If a Court refuses to entertain a belated counter-claim, the same would not prejudice the Defendant because in spite of the counter-claim having been refused to be entertained he is always at liberty to file his own suit based on the cause of action for the said counter-claim as per decision in Ramesh Chand Ardawatiya V. Anil Panjwani, 2003 (7) SCC 350 at page 368.”

…NeeLaw
[11/25, 15:44] Sekarreporter1: 🌷

You may also like...