C.SUBRAMANYAM Vs. RAMACHANDRA NAIDU

JUDGEMENT

(1.) Petitioner has called in question the validity of the order passed in I.A.14 wherein the amendment was sought for to the written statement to put forth a counter claim.

(2.) The proposed amendment relating to counter claim is at III and IV of the application, which is reproduced as follows:

(3.) It is noticed that the said application, admittedly came to be filed at the stage of arguments. In light of the law laid down by the Apex Court in the case of Ashok Kumar Kaira vs. Surendra Agnihotri and others . - (2020) 2 SCC 394 the Apex Court has laid down the time within which a counter claim could be filed. Clearly, in the present case the prescribed stage has passed. Nevertheless, it is contended by the learned counsel for the petitioner that he may be reserved liberty to file a separate suit for partition as regards to the schedule properties which is mentioned in the proposed amendment.