Supreme Court of India
Mahesh Govindji Trivedi v. Bakul Maganlal Vyas & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered opinion that the defendant cannot be permitted to file counterclaim after the issues are framed and after the suit has proceeded substantially . It would defeat the cause of justice and be detrimental to the principle of speedy justice as enshrined in the objects and reasons for the particular amendment to CPC. *** *** ***.
Judgment, page 23
From the headnote
Code of Civil Pr ocedure, 1908 – Or .VIII, r .6- – Counter - claim by defendant – Bombay High Cour t Rules – r .95 – Suit for specific performance filed by r espondent-plaintiff – Notice of motion moved by the appellant-defendant to take the belatedly filed counter- claim on r ecord, allowed by Single Judge – Or der set aside by Division Bench – On appeal, held: Rules of pr ocedure 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 r emoved out of consideration mer ely because it was
Authorities it was built on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.