In Brief
The Supreme Court clarified that Order VIII Rule 6A of the Civil Procedure Code does not mandate filing counter-claims along with written statements. A defendant may file a counter-claim after the written statement, provided the cause of action accrued before delivery of the written statement and the claim is within the limitation period under the Limitation Act, 1963. Courts possess discretion to allow such belated counter-claims under Order VIII Rule 9 and Order VI Rule 17. However, ordinarily counter-claims should not be permitted after framing of issues. In exceptional circumstances, the Court may allow counter-claims up to the commencement of evidence on the plaintiff's behalf. The decision balances procedural efficiency with substantive justice and the avoidance of multiplicity of proceedings.
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