referred to arbitration and the
claimant had concurred in referring the counterclaim to the same
arbitrator; and/or (b) it had set out the said ... counterclaim in its reply
statement to the application under Section 11 of the Act and the Chief
Justice or his designate refers such counter claim
later stage,
the respondents made a prayer to treat the counterclaim as a
plaint in a cross-suit, The trial court dismissed the suit ... remanded the case to the trial court with a direction that
the counterclaim be treated as a plaint in the cross-suit
and the reply
Order 8, Rule 6-A of the Code of Civil Procedure , The counterclaim has also to be decided as a suit ... obtained by the defendant before filing the counterclaim. Of course, incidentally, the Court below went into the aspect of merits, the effect of which would
Bench: M. Sasidharan Nambiar
JUDGMENT
M. Sasidharan Nambiar, J.
1. Can a counterclaim be allowed to be raised subsequent to the filing of the written ... Panjwani and it was argued that defendants having failed to raise a counterclaim in the written statement arc precluded from introducing a counter claim when
written statement that he reserved his right to file a counterclaim to pay
the balance amount of Rs.30,88,249/- claimed by the appellant ... property to the respondent / defendant no.1 and to
file a counterclaim for the relief of possession of the property.
13. The appellant / plaintiff opposed
suit agreement and not either adverse
possession or illegal trespass. My counterclaim claiming
possession of the suit property is based on my title ... Side) Rules as follows: -
Order VIII Rule 6-A CPC :
“6-A. Counterclaim by defendant.—(1) A defendant in a suit
may, in addition
subject matter of the properties involved in the suit and counterclaim is
depicted below:-
Plaintiff's version
A. One Chamiruddin Biswas was the owner ... defendants-respondents
maintainable and directed the learned trial judge to consider the
counterclaim on merit, subject to the question of Limitation and cause of
action
written statement in which the plea of declaration of title as a counterclaim was raised, by condoning certain delay. The said application was resisted ... that it is always open to the defendant to make a counterclaim even after filing of the written statement. In support of his contention
defendants would be permitted to file the counter and that the counterclaim at any rate would not be permitted as it was barred by limitation ... pleading a set-off under Rule 6, set up, by way of counterclaim against the claim of the plaintiff, any right or claim in respect
part thereof is barred by the
law of limitation?
10. Whether the Counterclaim is not maintainable and beyond the scope of
reference ... interim award declared by the arbitral tribunal in these petitions dismissing
Counterclaims made by the petitioner.
The facts in ARBP(L) NO.1240
