Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. VIII, r. 6-A – Counterclaim by defendant – Bombay High Court Rules – r. 95 – Suit for specific performance filed by respondent-plaintiff – Notice of motion moved by the appellant-defendant to take the belatedly filed counterclaim on record, allowed by Single Judge – Order set aside by Division Bench – On appeal, held: Rules of procedure are intended to subserve the cause of justice rather than to punish the parties in conduct of their case – The counter-claim in question could not have been removed out of consideration merely because it was presented after a long time since after filing of the written statement – On facts, neither the requirements of Or. VIII, r. 6-A or r. 95 of the Rules nor the principles enunciated and explained in Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri and Ors. reported as [2019] 17 SCR 214 operate as a bar over the prayer of the appellant for taking the belatedly filed counter-claim on record, which was indeed filed before framing of issues – Further, impact of the order dtd. 26.02.21 passed by Supreme Court (in relation to the incidental proceedings pertaining to the suit) on the procedural aspect concerning pleadings has clearly been that existence of the counter-claim on record was taken by this Court as a fait accompli, and this order left a little, rather nil, scope for upsetting the existing pleadings – Also, in this order, Supreme Court emphasised for expeditious proceedings – There was no reason for re-opening of the question relating to the filing of counter-claim after the said order – Even when the said order was placed before the Division Bench, it did not consider its purport and meaning as also its impact on the suit proceedings and on the question of filing of counter-claim and proceeded in a rather cursory manner in directing reconsideration of the prayer of the appellant for taking the counter-claim on record – It did not consider the relevant aspects of the proceedings in the suit and the law applicable thereto as also without considering the likely impact of its order on the proceedings, which had already taken place and which were under progress – Order passed by the Division Bench is set aside while that of the Single Judge is restored – Pleadings. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1072 |
Petitioner | Mahesh Govindji Trivedi |
Respondent | Bakul Maganlal Vyas & Ors. |
SCR | [2022] 16 S.C.R. 565 |
Judgement Date | 2022-10-12 |
Case Number | 7203 |
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