2011 AIR CC 69 (BOM) ::2011 (1) AIR Bom R 126 ::AIR 2011 (NOC) (SUPP.) 205 (BOM.) (GOA BENCH)

Bombay High Court ( Goa Bench )

Hon'ble Judge(s): N. A. Britto , J

(A) Civil Procedure Code (5 of 1908) O. 8, R. 1, O. 8, R. 6-A— Counter-claim — Filing of written statement to counter-claim — Extension of time — Provision of O 8, R 1 could be read into provision of O 8, R 6-A while considering, fixing or extending time for filing W S to counter-claim {" The filing of the written statement to the counter-claim, is not governed by Order 8, Rule 1, C.P.C. but it is governed by Order 8, Rule 6A(3), C.P.C. In terms of the said sub-rule, the trial Court is expected to fix time for filing the written statement to the counter-claim. The necessary conclusion, therefore, is that Order 8, Rule 1, C.P.C. is not applicable to the written statement filed by the plaintiffs to the counter-claim filed by the Defendants. The provisions of Rule 6G of Order 8 have nothing to do with the provisions of sub-rule (3) of Rule 6A, Order 8. When Rule 6G of Order 8 states that the Rules relating to a written statement by Defendant shall apply to a written statement filed in answer to a counter-claim, it only refers to the contents of the W.S. and has nothing to do with the time limit set out for filing of the written statement in answer to counter-claim, in sub-rule (3) of Rule 6A, Order 8. Likewise, when sub-rule (4) of Rule 6A of Order 8 provides that the counter claim shall be treated as a plaint and governed by the Rules applicable to plaints, it has nothing to do with Order 8 but will have everything....