VIJAY PRAKASH JARATH versus TEJ PRAKASHJARATH

VIJAY PRAKASH JARATH versus TEJ PRAKASHJARATH

The cause of action for counter-claim arising before delivery of defence permits filing of counter-claim; High Court erroneously denied it by misapplying Rohit Singh's case, as in this case evidence had not concluded and counter-claim was timely.

Parties
Appellant: Vijay Prakash Jarath; Respondent: Tej Prakash Jarath
Jurisdiction
India
Judgment Date
01 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeals allowed
Legal Topics
Counter Claim, Order VIII Rule 6 a, Written Statement, High Court Order, Trial Court Jurisdiction
Civil Procedure Counter Claim Order VIII Rule 6 a Written Statement High Court Order Trial Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Vijay Prakash Jarath

Appellant

Tej Prakash Jarath

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 When can a counter-claim be filed under Order VIII Rule 6A, CPC
  2. 2 Whether cause of action for counter-claim must accrue before defence is delivered

Ratio Decidendi

The cause of action for counter-claim arising before delivery of defence permits filing of counter-claim; High Court erroneously denied it by misapplying Rohit Singh's case, as in this case evidence had not concluded and counter-claim was timely.

Court Disposition

Appeals allowed

Orders

  • High Court order dated 02.01.2008 set aside
  • Order of trial court dated 28.10.1996 restored