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Documents citing Rohit Singh & Ors vs State Of Bihar (Now State Of Jharkhand) & ... on 17 October, 2006

M/S. Vistas Investment Pvt. Ltd vs M/S. Transys Global Forwarding Pvt on 11 February, 2026

In Vijay Prakash Jarath v. Tej Prakash Jarath [Vijay Prakash Jarath v. Tej Prakash Jarath, (2016) 11 SCC 800 : (2016) 4 SCC (Civ) 505] , this Court further refined the limitation in Rohit Singh [Rohit Singh v. State of Bihar, (2006) 12 SCC 734] that counterclaims cannot be raised after the issues are framed and the evidence is closed. In the said case, even though the issues had been framed, and the case was in the early stages of recording of the plaintiff's evidence, a counterclaim filed at that point was allowed, as no prejudice was caused to the plaintiff.
Karnataka High Court Cites 29 - Cited by 0 - S R Kumar - Full Document

Rajul Manoj Shah Alias Rajeshwari ... vs Kiranbhai Shakrabhai Patel on 12 September, 2025

original defendant no. 1 with respect to her undivided share in the suit property, by a direction to the Nazir, the substituted representative of defendant no. 1, to execute a sale deed in pursuance of the agreement to sell. The relief of specific performance as sought to be raised by defendant no. 2 cannot be set up by way of a counter-claim since the same is not directed against the appellant/plaintiff, but is instead directed solely against the co-defendant. In view of this, defendant no. 2 is held to be disentitled to raise prayer of specific performance by way of counter-claim. This is simply not permissible, and this position is no more res-integra in view of the decision of this Court in Rohit Singh (supra).
Supreme Court of India Cites 12 - Cited by 0 - P S Narasimha - Full Document

Munga Lal Gupta & Anr vs Hussaini Mahto & Ors on 11 April, 2011

17. Decision of the Apex Court regarding counter claim is evidently very clear that the counter claim is not generally to be allowed if it is not contained in the original written statement and specially after the issues have been framed, filing of the counter claim at that stage of trial will open a fresh spate of controversial question. In the instant case, admittedly the suit has been decreed in respect of certain properties and the appeal has been preferred in respect of the other properties, no counter appeal has been filed regarding grant of decree in favour of the appellants. The defendants who choose to sit back and not contest the suit have suddenly woken up to prefer the counter claim at the appellate stage and that too much after the appeal has been filed. Whatever the questions have been raised in the counter claim, it would require fresh evidence and would reopen a flood gate which cannot be permitted in law. The Apex Court clearly held in the case of Rohit Singh vs. State of Bihar (Jharkhand) (AIR 2007 Supreme Court 10) that counter claim cannot be entertained after issues are framed and evidence is closed. Thus in the instant case, it is a first appeal where the contesting respondents-defendants have come forward with the counter claim, evidently no written statement was filed, so it is as if the defendants are being allowed to file written statement in the plaint in the appeal for the first time which gives a complete go by to the principles enunciated by the Apex Court as well as the scheme of Order VIII Rule 6A of the Code of Civil Procedure. No doubt the court has discretion to permit the written statement being filed belatedly and this discretion to permit containing plea in the nature of set off or counter claim but that should also be within a reasonable time and the facts and circumstances brought forth by the persons claiming the relief getting his counter claim admitted must be so apparent and vocal to spell out that the parties were unable to file a written statement for reasons beyond their control and highlight each and every circumstance which had prevented him from filing a written statement earlier. The right to make a counter claim is a statutory right and only in highly exceptional case, a counter claim may be permitted at a later stage, but in no circumstance, at the stage of appeal which is pending since more than 17 years. It has not been established or demonstrated that refusal on the part of the court to entertain a belated counter claim will prejudice them since they have been sitting tight till date completely unaware. So far the submission on behalf of the defendants by the learned counsel is that the respondents cannot be denied participation in the proceedings is concerned, refusal to entertain the counter claim will not amount to refusal of participation in proceedings. Submissions of the counsel appearing on behalf of the respondents- defendants are that they are entitled to challenge the decree as well as the findings at the stage of appeal under Order XLI Rule 33 of the Code of civil Procedure is not disputed. They have been arrayed as party and they can very well participate in the proceedings, but this would not entitled him to bring on record the counter-claim against the appellant at this stage. The counter claim must necessarily finds its place in the written statement once the right to prefer a written statement is lost by the defendant or the time limited for delivery of the defence has expired then neither the written statement can be filed as of right nor a counter claim can be allowed to be raised.
Jharkhand High Court Cites 13 - Cited by 0 - Full Document
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