AIR 2003 MADRAS 416 ::2003 (2) MadLW 295 ::2003 (2) MadLJ56

Madras High Court

Hon'ble Judge(s): A. S. V. Moorthy, M. Chockalingam , JJ

(A) Civil P.C. (5 of 1908) , O.8 R.6A— Counter-claim - Filing of - Subsequent to filing of written statement but before commencement of recording of evidence - Is permissible - It cannot be allowed for first time at appellate stage. (Para 11 25) (B) Civil P.C. (5 of 1908) , O.8 R.6A(4)— Amended written statement - It generally relates back to date of filing of original written statement unless Court makes it clear in its order that it will not relate back - If order is silent, affected party can raise question even at trial. (Para 19 25) (C) Civil P.C. (5 of 1908) , O.6 R.18— Failure to amend written statement as per Court's order - Court has to proceed only on basis of unamended written statement - Fact that defendant has separately filed amended written statement after expiry of stipulated period - Would not be of any use to him. (Para 24 25) .....