Subsequent pleading under Order 8 Rule 9 of Civil Proc. Code
(Querist) 24 September 2008
This query is : Resolved
As per this provision of Order 8 Rule 9 of C.P.Code subsequent pleadings regarding Set-Off or Counter Claim can be filed without the leave of the Court.Other pleadings do require leave of the Court. I could not find any direct Judgement on this point either of Supreme Court or any recent High Court Judgement. If any Lawyer or Expert find any judgement directly on this point, reply may be posted on this column.Thanks.
J K Agrawal
(Expert) 30 September 2008
Dear Mr Rasik You think correct. in CPC Time limit is only for Written Submission and not to file counter claim or cross abjections. However counter claim is subject to law of limitation.
Some rulings are there from The Rajasthan High Court which I will say to you by searching again.
The counter claim must be made at the time of filing written statement and not after filing it. Because the cause of action for the counter claim should have been arisen before or after filing of the suit but before filing the written statment. Hence the time limit for the written statement must be considered as the time limit for filing counter claim. But as rightly pointed out by Mr. Agarwal it must be within the period of limitation. I will give u the decision of Supreme Court on this later.
(Querist) 16 October 2008
Dear Mr.Agrawal and Mr. Mehbub, I am aware about the law of Limitation for Counter Claim. My question is whether leave of the court is necessary or not for filing pleadings for claiming Set-Off or Counter Claim as provided in Order 8 Rule 9 of C.P.Code ?