Supreme Court · 1997 INSC 662 · Decided 18 September 1997

SMT. Shanti Rani Das Dewanjee v. Dinesh Chandra Day (Dead) BY LRS.

Court
Supreme Court of India
Citation
1997 INSC 662 · [1997] SUPP. 4 S.C.R. 177
Case number
CIVIL APPEAL No. 2766/1987
Decided
18 September 1997
Bench
G.N. RAY, G.B. PATTANAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Limitation Act

Headnote

Code of Civil Procedure, 1908 : Order V!JJ, Rule 6-A-Counter claim-Plea that after written statement C had been filed, jiling of counter claim was barred-Rejected by civil Court holding that even after filing the written statement such an application can be presented provided the cause of action of the suit and such cause of action had continued till the filing of the written statement-Held, the application under D Order VJJJ, Rule 6A is not ex-facie barred-There is no reason to interfere with the impugned order. Mahendra Kumar and Ors. v. State of Madhya Pradesh and Ors., (1987) 3

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