Order VIII Rule 6A CPC does not put blanket ban on filing of Counter-Claim after filing of Written Statement.

Rohit Pradhan | 19th November 2019

Ashok Kumar Kalra v. Wing CDR. Surendra Agnihotri & Ors., SLP (C) No. 23599 of 2018

Issue:

Whether language of Order VIII Rule 6A of the CPC is mandatory in nature?

Held:

Supreme Court held that, Order VIII Rule 6A CPC does not put blanket ban on filing of Counter-Claim after filing of Written Statement. Court do have discretion, through which it can permit the filing of a counter-claim after the written statement, till the stage of framing of the issues of the trial.

There is no absolute right to the defendant to file the counter-claim, when there is a substantive delay. Court will then exercise its discretion, as to if it should entertain counter-claim or not. Court will take into consideration following factors:

1. Period of Delay
2. Prescribed limitation period for the cause of action pleaded
3. Reason for the delay
4. Defendant’s assertion of his rights
5. If there is any similarity between main or counter claim, w.r.t cause of action.
6. If there is any abuse of process
7. Facts/Circumstances of each cases
8. In any case, not after framing of the issues.

It can’t be pleaded (Counter-claim) after framing of the issues in any case howsoever.