In Brief
Tej Prakash Jarath sued for certain reliefs in 1992, and the defendants filed a counter-claim in 1996 after issues were framed. The High Court struck down the counter-claim relying on precedent requiring it to be filed before issues are framed. The Supreme Court held the counter-claim was maintainable because its cause of action arose before the defendants filed their defence (written statement), which is the statutory requirement under Order 8 Rule 6A. The Court distinguished the cited precedent, noting that here the plaintiff's evidence was still being recorded, unlike the precedent where all evidence and arguments had concluded. The Court allowed the appeals and restored the trial court's acceptance of the counter-claim."
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