...the written statement provided it is within the period of limitation. The reliance has also been placed upon the judgment reported as Oriental Ceramic Products Pvt...the opinion that the amendment in the written statement to seek counter claim is clearly beyond the period of limitation. In terms of sub-rule (2) of Rule 8(6)(a),...terms of Section 3(2)(b) of the Limitation Act, the counter claim is to be treated as a separate suit on the date on which the counter claim is made in Court. ...

...16.2.87 was also by way of additional written statement and there is nothing wrong in making further counter claim in such statement. So far as the question of limitation is concerned, Mr. Senapati submits...Act it will be clear that for all purposes a counter-claim has to be treated as a separate suit and it will be governed by the period of limitation applicable to the nature of ...elsewhere in the schedule. Under this Article also the period of limitation is three years. Therefore, in any event all the counter claims of the defendant in the instant case would be governed by a ...

..., sh. Behl states that since defendant no. 3 has filed a counter claim within ( 3 ) THE period of limitation, therefore, the aforesaid counter claim be treated as a separ...the date of aforesaid counter claim be treated as the date of the institution of the aforesaid suit. In view of the aforesaid agreement between the learned counsel for the parties, the present pet...is disposed of. It is directed that the counter claim filed by Bir Pal Kaur, defendant no. 3 shall be registered as a separate suit and the proceedings in the aforesaid suit shall be clubbed together...

...declaration of right, title, interest & confirmation of possession over the suit property. A bare reading of the counter-claim would reveal that counterclaim of title of Defendant No. 2 i...commissioner. Articles 64 & 65 of the Limitation Act relate to suits for possession. In the present case, in his counter-claim Defendant No. 2 prays for declaration of title on t...treated as plaint in a suit & is governed by rules applicable to plaint including rules of limitation applicable to such suit. Under Section 3(2)(b)(ii) of the Limitation Act, ...

...does not get any support from Rule 6-A(1) of the Code of Civil Procedure. As the cause of action for the counter-claim had arisen before the filing of the written statement, the counter-...limitation of three years from the date the right to sue accrues, has been provided for any suit for which no period of limitation is provided elsewhere in the Schedule. It is not disputed that a ...barred by limitation as prescribed by Section 14 of the Act. The High Court further held that the counter-claim having been filed after the filling of the written statement, it was not maintainable under...

...respondent filed a Statement of Claim on 15 July, 2013. The petitioner filed its Statement of Defence on 12 February, 2014, however, inadvertently the counter claim was not filed along with the same. The ...Limited v. Rolta India Limited. (2014) 4 SCC 516 has submitted that this would still leave the issue of limitation in filing of counter claim being considered by the arbitrator. I may only clarify that...Nigam Limited (BSNL) challenging the award dated 29th April, 2016 of the Sole Arbitrator dismissing its counter claim on the ground that it was not “received and/or presented in sequential order and...

...the CPC, has held that on the face of it, Rule 6A(1) does not bar the filing of a counter-claim by the defendant after he had filed the written statement. As the cause of action for the counter-...limitation is three years from the date of the right to sue accrues, when the period of limitation is not provided elsewhere in the Schedule. As the counter-claim was...date of accrual of the right to sue, this Court held that the learned District Judge and the High Court were wrong in dismissing the counter-claim. The issue concerning applicability of limitation...

...alone, the counter claim is liable to be dismissed. The defendant should have filed the counter claim within the period of limitation. In the case on hand, the defendant had filed the ...entrustment of paddy during the period 1976-77. Though the original suit was filed on 21.09.1978, the counter claim was filed only on 28.04.1984. 8. On a perusal of the available records.... However, the defendant kept quiet till 1984 for filing the counter claim claiming a sum of Rs.3,38,415.66. Therefore, the claim made by the defendant is clearly barred by limitation. 9...

...Defendant, when the parties executed the deed of partition on 13 December 1976. A counter-claim filed after the accrual of cause of action after three years is clearly barred. Our Court, in the case ...appeal is, accordingly, heard ex-parte.2. The Second Appeal raises substantial questions of law concerning (a) limitation applicable to a counter-claim and (b) interpretation of...provisions of Order VIII Rule 6-A of the Code of Civil Procedure. Learned Counsel further submits that the Respondent's counter-claim, in any event, was barred by the law ...

..., which was also dismissed. The defendants, being aggrieved by the aforesaid two orders, have filed the present writ petition.The trial court rejected the counter claim of the defendants on the ground that it...the petitioners chose to file a separate suit with regard to the counter claim, the same could be instituted as it was within the period of limitation.In...be justified in exercising its discretion not in favour of permitting a belated counter-claim.”In Hazari Lal v. Brahma Nand, 2007 (1) ARC 377, t...

...August, 2015, of the Debt Recovery Appellate Tribunal, which has assumed finality.14. The moot questions involved in this writ petition are, whether there is any prescribed period of limitation for r...if so, from what point of time, does the limitation start running; is a counter claim raised over three years after the filing of the original application ipso facto barred by limitation; can the ...by the laws of limitation and whether condonation of the delay in filing a written statement would extend the period of limitation for raising the counter claim.15...

...of a claim for damages or not. Therefore, the counter claim filed by the appellant after filing of the written statement cannot be said to be not maintainable, as the cause of action for the ...accrues has been provided for any suit for which no period of limitation is provided elsewhere in the Schedule”.6. It is pertinent to mention here that the provision of Order 8, Rul...Section 19(8) in view of aforesaid Supreme Court ruling. Accordingly, it can be concluded that Sub-section (8) of Section 19 does not provide any period of limitation for filing ...

...of a counter claim, on thedate on which the counter claim is made in court. In so far as the counter claim is concerned, the period of limitation for filing the...to the date on which the counter claim is made. Acombined consideration of Section 3(2)(b) of the Limitation Act and Rule 6A of Order VIII of C.P.C would make t...defendants filed a written statement on 9.6.2010 Thereafter, the defendants filed I.A No. 4250 of 2010 to amend the written statement and to incorporate a counter claim. The court below allowed the...

...reference is to the land at Sy.No.24. He submits that the counter-claim cannot be advanced by filing the amendment application. 3. Sri N.Nanjunda Swamy, learned counsel for the respondent submits that the petitione...The petitioner plaintiffs have called into question the order, dated 22.08.2015 (Annexure-H) passed by the Court of the II Additional Civil Judge, Mysuru on I.A.No.4 in O.S.No.722/2012.... By the said impugned order, the Trial Court has allowed the respondent defendants application for amending of the written statement. 2. Sri P.Nataraju, learned counsel for the...

...by defendant No. 6 and as such, he is not entitled to raise a counter claim. It is also contended that as per defendant No. 6's own showing, cause of action for presenting counter-claim has arisen on 2-5-2..., even as per his own showing, cause of action accrued to defendant No. 6 for raising counter claim on 2-5-2002, whereas counter claim is presented on 16-10-2007. The counter claim itself...original claim and on the counter-claim.(3) The plaintiff shall be at liberty to file a written statement in answer to the counterclaim of the defendant within such period as may be fixed by...

...counter claim. The respondent-plaintiff has not challer the dismissal of his suit while the appellant-defendant has filed the present appeal against rejection of* his counter claim. The Court belo...suit for which no period of limitation is specifically provided from the date when the right to sue accrues. Thus, the period of limitation in all the three category of cases is three yea...accounts and for his share in the profits of the firm and therefore the counter claim in respect of accounts and share in profit as filed by the appellant defendant squarely falls within the scope and ambit ...

..., which is not permissible under law.5. So far as the plea regarding counter claim being barred by limitation is concerned, learned counsel placed reliance upon the provisions of Or...applicability of Limitation Act and, therefore, the counter claim could be filed after the period prescribed under Rule 6-A of Order 8 of the Code of Civil Proc...maintainable. The finding of the High Court does not get any support from Rule 6-A (1), Civil Procedure Code. As the cause of action for the counter claim had arisen before the filing ...

...of the learned trial Court whereby, the counter claim filed by the respondent No.1 has been directed to be treated as the election petition, this writ petition has been preferred by the elected Sarpanch. ...trial Court in treating the counter claim as the election petition having been filed beyond the period of limitation is impermissible in law. He, therefore, prays that the writ petition be allowed...one or more of the grounds enumerated therein. The subject election was held on 29.01.2020 and the counter claim was filed by the respondent No.1 on 10.03.2021, i.e. much beyond the period of ...

...the suit was confirmed and the judgment and decree allowing the counter claim of the defendants 1 and 2 was set aside. The matter was remanded to the trial Court to consider the point of limitation with an...Judge (Sr.Dn.), Saundatti. Suit was contested and a counter claim was made by the defendants 1 and 2. After trial, the suit was dismissed and counter claim was allowed and the defendants...(Sr.Dn.), Saundatti. Suit was contested and a counter claim was made by the defendants 1 and 2. After trial, the suit was dismissed and counter claim was allowed and the defendants 1 and 2 were...