Case Note & Summary
The petitioner, Sri Dora Babu, was the plaintiff in O.S.No.4663/2010 pending before the XVII Additional City Civil & Sessions Judge, Bangalore. The suit was filed for recovery of Rs.1,94,626/- with interest at 21% p.a. from the date of suit till realization. The respondents, who were the defendants, filed a written statement along with a counterclaim for Rs.2,00,000/- based on an alleged breach of a contractual agreement dated 08.03.2007. The plaintiff did not file any written statement to the counterclaim. The suit was set down for trial. On 05.08.2016, the plaintiff filed I.A.No.7 under Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking permission to file a written statement to the counterclaim. The trial court dismissed the application on 13.09.2016, holding that an application under Section 151 CPC was not maintainable for such relief. Aggrieved, the plaintiff filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka. The High Court considered the issue of whether the trial court was justified in dismissing the application. The court noted that Order VIII Rule 6A CPC provides for counterclaim by the defendant, but there is no specific provision in the CPC for filing a written statement to a counterclaim. However, Order VIII Rule 9 CPC allows the court to order a written statement or additional written statement at any time. The court held that the inherent power under Section 151 CPC can be invoked to permit the filing of a written statement to a counterclaim when no specific provision bars it. The court set aside the trial court's order and allowed I.A.No.7, permitting the plaintiff to file a written statement to the counterclaim within four weeks, subject to payment of costs of Rs.2,000/- to the defendants.
Headnote
A) Civil Procedure - Counterclaim - Written Statement to Counterclaim - Section 151, Order VIII Rule 6A, Order VIII Rule 9 CPC - The plaintiff filed a suit for recovery of money. Defendants filed written statement with counterclaim. Plaintiff did not file written statement to counterclaim. Later, plaintiff filed IA No.7 under Section 151 CPC seeking permission to file written statement to counterclaim. Trial court dismissed IA as not maintainable under Section 151. High Court held that inherent power under Section 151 can be invoked to permit filing of written statement to counterclaim when no specific provision bars it. Court set aside trial court order and allowed IA No.7, permitting plaintiff to file written statement to counterclaim within four weeks, subject to costs of Rs.2,000/-. (Paras 1-8)
Issue of Consideration
Whether the trial court was justified in dismissing the plaintiff's application (IA No.7) seeking permission to file a written statement to the counterclaim, on the ground that the application under Section 151 CPC was not maintainable.
Final Decision
The High Court allowed the writ petition, set aside the trial court order dated 13.09.2016, and allowed I.A.No.7. The plaintiff was permitted to file a written statement to the counterclaim within four weeks from the date of receipt of the order, subject to payment of costs of Rs.2,000/- to the defendants.
Law Points
- Inherent power under Section 151 CPC can be invoked to permit filing of written statement to counterclaim when no specific provision bars it
- Order VIII Rule 6A CPC
- Order VIII Rule 9 CPC
- Section 151 CPC
