MOHD UNUS ALI Vs. HASEEN BEGUM AND OTHERS

JUDGEMENT

(1.) At the request of learned counsel for the parties, the matter is heard finally.

(2.) The instant petition has been filed against the order dated 10.07.2018 (Annexure-P-1) passed by the Court below in Civil Suit No.60A/2011, by which, the application submitted by the petitioner under Order 8 Rule 6-A of the Code of Civil Procedure for taking counter claim on record has been rejected. While rejecting the application, the Court has assigned reason that the suit has been filed in the year 2011 and written statement has already been filed by the petitioner-defendant and in the application the defendant has not disclosed any reason for filing the counter claim at such a belated stage. The Court below has found the counter claim should have been filed alongwith the written statement but the same has not been done and accordingly, the application was rejected and directed that the counter claim be returned to the defendant-petitioner.

(3.) The order has been challenged mainly on the ground that the Court has taken erroneous view that if counter claim is not filed alongwith the written statement then on later stage it cannot be taken on record. The petitioner has relied upon several decisions reported in parties being Smt. Shanti Rani Das Dewanjee v. Dinesh Chandra Day, 1997 AIR(SC) 3985 parties being Vijay Prakash Jarath v. Tej Prakash Jarath, 2016 AIR(SC) 1304 parties being Atmaram Gangadhar Deshwali and Anr v. Noormohammad and Ors, 2007 AIR(MP) 81 parties being Hanumanthgouda v. Bandu alias Bandeppa Venkatesh Kulkarni and others, 2001 AIR(Kar) 10 and parties being Pavneet Kaur v. Jasvinder Singh and Anr, 2011 AIR(Raj) 93. The main contention of the petitioner is that in view of the law laid down by the Supreme Court and various High Courts, the application could not have been rejected only on the ground that the counter claim has not been filed alongwith the written statement, therefore, the petitioner has sought quashment of the order impugned and claimed the petition be allowed directing the Court below to allow his application filed under Order 8 Rule 6-A of the Code of Civil Procedure and counter claim be also taken on record.