Supreme Court · 2008 INSC 350 · Decided 13 March 2008

Bollepanda P. Poonacha and ANR. v. K.M. Madapa

Court
Supreme Court of India
Citation
2008 INSC 350 · [2008] 4 S.C.R. 1011
Case number
CIVIL APPEAL No. 1959/2008
Decided
13 March 2008
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC Section 8

Headnote

>- ~ Code of Civil Procedure, 1908, O. 8, r. 6A - Counter claim - Filing of, when cause of action c arose after filing of written statement - Permissibility of- Held: Not permissible. O. 6 r. 17 -Amendment of written st.atement- Prayer for- Held: Cannot be allowed as a matter of right- In such - Howeve4' court to exercise D ~ discretionary jurisdiction in judicious manner - While • considering the application subservance of justice is . the ultimate goal - Grant of relief would depend upon the factual background involved in each case. In 1997, a suit was filed in respect

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