Case Note & Summary
The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kataria Construction Co., for delay in completing a construction contract. The respondent filed a written statement-cum-counterclaim alleging that delays were caused by the appellant's actions, including late sanction of design, hard rock cutting, and unilateral increase in steel quantity. The trial court dismissed the suit and allowed the counterclaim, awarding Rs. 6,52,050 with 12% interest. The appellant appealed, arguing that the trial court did not provide an opportunity to lead evidence on the counterclaim. The High Court found that the trial court framed issues but did not give the appellant a chance to rebut the counterclaim evidence, violating natural justice. The court set aside the decree and remanded the case for fresh trial, directing the trial court to allow both parties to lead evidence on the counterclaim and decide afresh. The appeal was allowed, and the parties were directed to appear before the trial court on 21/04/2026.
Headnote
A) Civil Procedure - Counterclaim - Opportunity to Lead Evidence - Order 8 Rule 6A, Code of Civil Procedure, 1908 - The trial court allowed the defendant's counterclaim without affording the plaintiff an opportunity to lead evidence in rebuttal, which is a violation of natural justice - Held that the matter must be remanded for fresh consideration after giving both parties a fair chance to present evidence (Paras 5-7).
Issue of Consideration
Whether the trial court erred in allowing the counterclaim without providing the plaintiff an opportunity to lead evidence in rebuttal, thereby violating principles of natural justice.
Final Decision
The appeal is allowed. The judgment and decree dated 08/03/2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj in Special Civil Suit No. 210 of 1991 is set aside. The matter is remanded to the trial court for fresh consideration. The trial court shall give opportunity to both parties to lead evidence on the counterclaim and decide the suit afresh in accordance with law. The parties are directed to appear before the trial court on 21/04/2026. No order as to costs.
Law Points
- Counterclaim
- Natural Justice
- Opportunity to Lead Evidence
- Order 8 Rule 6A CPC
- Remand
