Case Note & Summary
The respondent/plaintiff filed a commercial suit for recovery of Rs.2,84,85,962/- based on promissory notes. The petitioners/defendants filed a civil revision petition to strike off the plaint for non-compliance of Section 12-A of the Commercial Courts Act, 2015. The High Court struck off the plaint, but the Supreme Court in SLP set aside that order and restored the suit, granting liberty to the parties to file additional pleadings, evidence, and applications. Thereafter, the petitioners filed a written statement along with a counter-claim on 23.06.2025. The trial court returned the counter-claim via check slip dated 24.06.2025 on the ground that the suit was already at the stage of trial and the counter-claim was not maintainable. The petitioners challenged this check slip under Article 227. The High Court allowed the revision, holding that the Supreme Court's order expressly permitted additional pleadings, which includes a counter-claim. The court directed the trial court to accept the written statement and counter-claim and proceed in accordance with law.
Headnote
A) Civil Procedure - Counter-Claim - Maintainability after trial commenced - Order VIII Rule 6A CPC - The petitioners/defendants sought to file a counter-claim along with written statement after the suit had reached the stage of trial. The trial court returned the counter-claim on the ground that it was not maintainable at that stage. The High Court held that the Supreme Court's order granting liberty to file additional pleadings overrides the procedural bar under Order VIII Rule 6A CPC, and therefore the counter-claim is maintainable. (Paras 1-10)
B) Commercial Courts Act - Pre-Institution Mediation - Section 12-A - The suit was originally struck off for non-compliance of Section 12-A, but the Supreme Court restored the suit and granted liberty to file additional pleadings. The High Court noted that the liberty granted by the Supreme Court was wide enough to include filing of counter-claim. (Paras 2-5)
C) Constitution of India - Article 227 - Civil Revision Petition - The High Court exercised its supervisory jurisdiction under Article 227 to set aside the trial court's check slip returning the counter-claim, as the trial court had failed to consider the effect of the Supreme Court's order. (Paras 1, 10)
Issue of Consideration
Whether a counter-claim filed along with written statement after the suit has reached the stage of trial is maintainable, especially when the Supreme Court had granted liberty to file additional pleadings.
Final Decision
The High Court allowed the Civil Revision Petition, set aside the check slip dated 24.06.2025, and directed the trial court to accept the written statement with counter-claim and proceed in accordance with law.
Law Points
- Counter-claim can be filed after written statement if liberty granted by appellate court
- Order VIII Rule 6A CPC not an absolute bar
- Commercial Courts Act 2015 Section 12-A
- Article 227 of Constitution of India
Case Details
C.R.P.No.5633 of 2025 and C.M.P.No.28196 of 2025
Mr.N.Jothi, Senior Advocate for M/s.G.Hemath Kumar (for petitioners), Mr.Arun Anbumani for M/s.M.Guruprasad (for respondent)
1.R.Radha HUF, Rep. by its Kartha R.Radha @ Radha Ramalingam, 2.R.Radha @ Radha Ramalingam, 3.R.Savithri
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Nature of Litigation
Civil Revision Petition under Article 227 of the Constitution of India challenging the trial court's check slip returning the counter-claim filed by the defendants.
Remedy Sought
The petitioners/defendants sought to set aside the check slip dated 24.06.2025 and direct the trial court to accept the written statement with counter-claim dated 23.06.2025.
Filing Reason
The trial court returned the counter-claim on the ground that it was not maintainable when the suit was at the stage of trial.
Previous Decisions
The suit was originally struck off for non-compliance of Section 12-A of the Commercial Courts Act, 2015 by the High Court in C.R.P.No.2123 of 2023. The Supreme Court in S.L.P.(C).Nos.28226-28227 of 2023 set aside that order and restored the suit, granting liberty to file additional pleadings.
Issues
Whether the counter-claim filed after the suit reached the stage of trial is maintainable in light of the Supreme Court's order granting liberty to file additional pleadings.
Submissions/Arguments
The petitioners argued that the Supreme Court's order expressly permitted additional pleadings, which includes counter-claim. The respondent argued that the counter-claim was filed after trial commenced and is barred under Order VIII Rule 6A CPC.
Ratio Decidendi
The Supreme Court's order granting liberty to file additional pleadings overrides the procedural bar under Order VIII Rule 6A CPC, and therefore the counter-claim filed by the defendants is maintainable even though the suit had reached the stage of trial.
Judgment Excerpts
The Civil Revision Petition is filed challenging the order passed by the District Judge, Commercial Court, Salem in Check Slip dated 24.06.2025 in Filing No.COS/55/2023 in C.O.S.No.10 of 2023 returning the counter claim filed by the petitioners/defendants together with written statement on the ground that the counter claim was not maintainable when the suit is in the stage of trial.
It will be open for the parties to raise all rights and contentions available. Further the parties would be at liberty to file additional affidavit, additional evidence, additional pleadings and applications, as may be necessary, before the Commercial Court which shall proceed in accordance with law.
Procedural History
The respondent filed a commercial suit in 2023. The petitioners filed CRP No.2123 of 2023 to strike off the plaint for non-compliance of Section 12-A of the Commercial Courts Act, 2015. The High Court struck off the plaint. The Supreme Court in SLP set aside that order on 13.08.2024 and restored the suit with liberty to file additional pleadings. On 23.06.2025, the petitioners filed written statement with counter-claim. The trial court returned the counter-claim via check slip dated 24.06.2025. The petitioners filed the present CRP on 30.01.2026.
Acts & Sections
- Constitution of India: Article 227
- Commercial Courts Act, 2015: Section 12-A
- Code of Civil Procedure, 1908: Order VIII Rule 6A
