ASHOK KUMAR KALRA Vs. SURENDRA AGNIHOTRI AND ORS.
SUPREME COURT OF INDIA
ASHOK KUMAR KALRA
Surendra Agnihotri And Ors.
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(1.)Heard the learned counsel appearing for the parties.
(2.)Application for deleting the names of respondent Nos. 3 and 4 for the array of parties is allowed.
(3.)We have gone through the judgment of the three-Judge Bench in Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri and Ors., 2019 (16) Scale 544, in particular, para 20 which states as follows:-
"20. We sum up our findings, that Order VIII Rule 6A of the CPC does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action. Having said so, this does not give absolute right to the defendant to file the counter-claim with substantive delay, even if the limitation period prescribed has not elapsed. The court has to take into consideration the outer limit for filing the counter-claim, which is pegged till the issues are framed. The court in such cases have the discretion to entertain filing of the counter-claim, after taking into consideration and evaluating inclusive factors provided below which are only illustrative, though not exhaustive:
i. Period of delay.
ii. Prescribed limitation period for the cause of action pleaded.
iii. Reason for the delay.
iv. Defendant's assertion of his right.
v. Similarity of cause of action between the main suit and the counterclaim.
vi. Cost of fresh litigation.
vii. Injustice and abuse of process.
viii. Prejudice to the opposite party.
ix. and facts and circumstances of each case.
x. In any case, not after framing of the issues."
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