AIR 1986 PUNJAB AND HARYANA 252 ::1986 Rev LR 55 ::1986 Punj LJ 43 ::(1986) ILR 1 P&H 358 ::1986 (89) 1 Pun LR 46 ::1985 Recent Laws 271 ::(1986) 1 Pun LR 46 ::(1986) 1 CurLJ(CCR) 393 ::ILR (1986) 1 P&H 358

Punjab And Haryana High Court

Hon'ble Judge(s): Rajendra Nath Mittal , J

Civil P.C. (5 of 1908) , O.8 R.6A, O.8 R.6B, O.6 R.17— Counter-claim by defendant - He can set up claim before filing written statement - He cannot do so subsequently by amending written statement. O.8 Rr.6A and 6B make it clear that the defendant in a suit can file the counter-claim before delivering his defence or before the time limited for delivering his defence expires. He has also to mention that fact in the written statement. Therefore, the defendant can file the counter-claim before he filed the written statement and cannot be allowed to do so subsequently by amending the written statement. The object of the provision for setting up the counter-claim before the filing of the written statement is that the disposal of the suit may not be delayed. Therefore, allowing the defendant to set up the counter claim by amending the written statement during the pendency of the appeal, after the suit had been decreed against him by the trial court is invalid.(Para 4)