VidhiSangh

Supreme Court of India · 19/11/2019

G H ASHOK KUMAR KALRA versus WING CDR. SURENDRA AGNIHOTRI & ORS.

[2019] 17 S.C.R. 214 · 2019 INSC 1266

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Summary

A three-judge reference considered whether a counterclaim must accompany the written statement. The Court held that the statutory restriction concerns accrual of the cause of action and does not absolutely bar later filing. Permission remains discretionary and subject to limitation and procedural fairness. The majority fixed framing of issues as the outer limit; the separate opinion would exceptionally permit filing until commencement of the plaintiff’s evidence. The underlying petition was left for merits adjudication.

Issues

  1. Whether a counterclaim could be filed after the written statement.
  2. What restrictions governed permission for a belated counterclaim.

Provisions considered

Held

Result

Reference answered. The special leave petition was directed to be placed before an appropriate Bench, after orders of the Chief Justice, for consideration on merits. The validity of the particular counterclaim was not finally decided by this reference.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 214.