AIR 1991 KARNATAKA 283 ::1991 (2) CurCC 468 ::(1991) 1 Kant LC 137 ::ILR (1991) KAR 695

Karnataka High Court

Hon'ble Judge(s): K. A. Swami , J

(A) Civil P.C. (5 of 1908) , O.8 R.6A, O.8 R.6B, O.8 R.6C, O.8 R.6D, O.8 R.6E, O.8 R.6F, O.8 R.6G— Suit - Counter claim by defendant - Can be filed even subsequent to filing of written statement. The counter claim can be filed even subsequent to the filing of the written statement provided it relates to the cause of action which had accrued prior to the filing of the suit or prior to the filing of the written statement or prior to the last date fixed for filing the written statement. (B) Civil P.C. (5 of 1908) , O.8 R.6A, O.8 R.6B, O.8 R.6C, O.8 R.6D, O.8 R.6E, O.8 R.6F, O.8 R.6G— Suit - Counter claim - Time limit for setting up - Such claim has to be set up before recording of evidence commences. A reading of Rr.6-A to 6-G of Civil P.C. makes it clear that the counter-claim has to be treated as a cross-suit and it has to be tried along with the original claim made in the suit. When the counter-claim has to be tried along with the original claim and all the rules of pleading apply to a counter-claim and it becomes a plaint in the cross-suit and the plaintiff is entitled to file a written statement in answer to the counter-claim of the defendant, it necessarily follows that a counter claim, if not set up in the written statement, it has to be set up before th....