Supreme Court of India
Mahesh Govindji Trivedi v. Bakul Maganlal Vyas & Ors.
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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.
Judgment, page 23
From the headnote
Code of Civil Procedure, 1908 – Or.VIII, r.6- – Counter- claim by defendant – Bombay High Court Rules – r.95 – Suit for specific performance filed by respondent-plaintiff – Notice of motion moved by the appellant-defendant to take the belatedly filed counter- claim on record, allowed by Single Judge – Order set aside by Division Bench – On appeal, held: Rules of procedure 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 removed out of consideration merely because it was presented after…
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