Supreme Court of India
Vijay Prakash Jarath v. Tej Prakashjarath
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons recorded hereinabove, we set aside the impugned order passed by the High Court dated 02.01.2008, and restore 8 the order passed by the trial court dated 28.10.1996.
Judgment, page 9
From the headnote
Code of Civil Procedure, 1908- 0. VIII r.6A - Counter claim - When can be filed - Held: Cause of action in respect of which a counter claim can be filed, should accrue before the defendant has delivered his defence - In the present case, cause of action for which counter-claim was filed. had arisen even before filing of the suit i.e. well before the defendant delivered his defence - Thus, it was well within the right of the defendants to file the counter-claim. Allowing the appeals,, the Court HELD: 1. perusal of Sub-clause (1) of Section 6A of Order VIII CPC, leaves no room for any doubt,
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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