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Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri & Ors.

Special Leave Petition (Civil) · 2019 INSC 1266Decided 19 Nov 2019
Special Leave Petition (Civil) No. 23599 of 2018 (Diary No. 27958 of 2018)
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar · Justice Ajay Rastogi

Background

This judgment answers a legal reference; it does not decide the petition itself. The question was whether Order VIII Rule 6A CPC bars a defendant from filing a counter-claim after the written statement.

Decision Breakdown

This is not a final judgment in the petition. The three-judge bench held that there is no absolute bar. A court has discretion to allow a counter-claim after the written statement, normally up to the framing of issues, having regard to factors such as delay and prejudice. The petition was sent to an appropriate bench for decision on merits.

Lesson Learnt

A defendant can be allowed to file a counter-claim after the written statement, but usually not after issues are framed.

Official source (sci.gov.in)View Judgment (PDF)

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