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Supreme Court of India 2019-11-19 other

Ashok Kumar Kalra vs Wing CDR. Surendra Agnihotri & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns the proper stage at which counter-claims can be filed in civil suits. The Supreme Court clarified that counter-claims are not mandatory with the written statement but may be allowed by the Court's discretion if they meet Order VIII Rule 6-A conditions and limitation requirements. While filing counter-claims after evidence begins is not illegal, the Court should ordinarily restrict such filings to before issues are framed, with exceptions possible till evidence commences.

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Civil Procedure Counter-claim Written Statement Limitation Discretion of Court

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