Supreme Court of India
G H Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri & Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered opinion that the defendant cannot be permitted to file counter-claim after the issues are framed and after the suit has proceeded substantially.
Judgment, page 18
From the headnote
Code of Civil Procedure, 1908 – Or. VIII, r. 6A – Fi ling of counter-claim by defendant after submitting written statement – Embargo on, if any – Respondent No.1 filed suit for specific performance against the petitioner – Petitioner fil ed written statement – Thereafter, filed counter-claim – Trial court rejected the objections on filing of the counter-claim after filing of the written statement and framing of issues – High Court qu ashed the counter-claim – Petitioner approached the Supreme ourt – Reference order passed by two-Judge Bench seeking cl arification from larger bench as to the
Authorities it was built on
- 2005 Salem Advocate Bar Association, Tamil Nadu v. Union of India
- 2003 Ramesh Chand Ardawatiya v. Anil Panjwani
- 1996 Sh. Jag Mohan Chawla and Anr. v. Dera Radha Swami Satsang and Ors.
- 2006 Rohit Singh and Ors. v. State of Bihar (now State of Jharkhand) and Ors.
- 1969 Jai Jai Ram Manohar Lal v. National Building Material Supply, Gurgaon
- 1997 Smt. Shanti Rani Das Dewanjee v. Dinesh Chandra Day (dead) by Lrs.
- 1987 Mahendra Kumar & Anr. v. State of Madhya Pradesh & Ors.
- 2008 Bollepanda P. Poonacha and Anr. v. K.M. Madapa
- 2016 Vijay Prakash Jarath v. Tej Prakashjarath
Where later benches applied it
- 2025 Rajul Manoj Shah Alias Rajeshwari Rasiklal Sheth v. Kiranbhai Shakrabhai Patel & Anr.
- 2022 Mahesh Govindji Trivedi v. Bakul Maganlal Vyas & Ors.
Of those, 2 relied on
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