Case Note & Summary
The petitioner, Shriram EPC Ltd., was the original plaintiff in a suit for specific performance and alternative money decree. The respondent, Maharashtra Jeevan Pradhikaran, filed a written statement and counter-claim. The petitioner did not file a written statement to the counter-claim. The trial court struck off the petitioner's defence to the counter-claim for non-compliance with Order VIII Rule 1 CPC. The petitioner challenged this order. The High Court held that Order VIII Rule 1 CPC applies to a plaintiff's written statement to a counter-claim under Order VIII Rule 6A CPC. The court reasoned that a counter-claim is treated as a plaint and the plaintiff's response is a written statement. Therefore, the plaintiff must file it within 30 days, extendable to 90 days. The court set aside the trial court's order and directed the petitioner to file a written statement within 30 days, subject to costs.
Headnote
A) Civil Procedure - Written Statement to Counter-Claim - Applicability of Order VIII Rule 1 CPC - Order VIII Rule 1, Order VIII Rule 6A, Code of Civil Procedure, 1908 - The court considered whether the time limit under Order VIII Rule 1 CPC applies to a plaintiff's written statement in response to a defendant's counter-claim under Order VIII Rule 6A CPC - Held that Order VIII Rule 1 applies to such written statement, and the plaintiff must file it within 30 days from the date of service of the counter-claim, extendable up to 90 days (Paras 4-8).
Issue of Consideration
Whether Order VIII, Rule 1 of the Code of Civil Procedure applies to the written statement which the plaintiff is entitled/required to file to the counter-claim made by the defendant under Order VIII, Rule 6A of the Code?
Final Decision
The High Court allowed the writ petition, set aside the trial court's order striking off the defence, and directed the petitioner to file a written statement to the counter-claim within 30 days from the date of the order, subject to payment of costs of Rs. 5,000 to the respondent.
Law Points
- Order VIII Rule 1 CPC applies to plaintiff's written statement to counter-claim under Order VIII Rule 6A CPC
- Order VIII Rule 1 CPC
- Order VIII Rule 6A CPC
- Code of Civil Procedure
- 1908
Case Details
2011 LawText (BOM) (06) 89
WRIT PETITION NO. 1309 OF 2011
Mr. S.S. Kulkarni for the Petitioner, Ms. Neeta M. Karnik for Respondent Nos. 1 and 2
Maharashtra Jeevan Pradhikaran & Ors.
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Nature of Litigation
Writ Petition challenging the order of the trial court striking off the plaintiff's defence to the counter-claim for non-compliance with Order VIII Rule 1 CPC.
Remedy Sought
Petitioner sought to set aside the trial court's order and allow filing of written statement to counter-claim.
Filing Reason
The trial court struck off the petitioner's defence to the counter-claim for not filing a written statement within the time prescribed under Order VIII Rule 1 CPC.
Previous Decisions
The trial court struck off the defence to the counter-claim.
Issues
Whether Order VIII, Rule 1 CPC applies to a plaintiff's written statement to a counter-claim under Order VIII, Rule 6A CPC?
Submissions/Arguments
Petitioner argued that Order VIII Rule 1 does not apply to a written statement to a counter-claim, as it is not a 'written statement' as defined. Respondent argued that it does apply.
Ratio Decidendi
Order VIII Rule 1 CPC applies to a plaintiff's written statement to a counter-claim under Order VIII Rule 6A CPC. The plaintiff must file such written statement within 30 days from the date of service of the counter-claim, extendable up to 90 days. Non-compliance may result in striking off the defence.
Judgment Excerpts
A short question that arises for consideration in this Writ Petition is: Whether Order VIII, Rule 1 of the Code of Civil Procedure applies to the written statement which the plaintiff is entitled / required to file to the counter-claim made by the defendant under Order VIII, Rule 6A of the Code?
In my opinion, Order VIII, Rule 1 applies to a written statement filed by the plaintiff to a counter-claim made by the defendant.
Procedural History
Petitioner filed Special Civil Suit No. 332 of 2000. Respondent filed written statement and counter-claim on 8 September 2005. Petitioner did not file written statement to counter-claim. Trial court struck off defence to counter-claim. Petitioner filed Writ Petition No. 1309 of 2011 in Bombay High Court.
Acts & Sections
- Code of Civil Procedure, 1908: Order VIII, Rule 1, Order VIII, Rule 6A
