LAXMIDAS DAHYABHAI KABARWALA vs NANABHAI CHUNILAL KABARWALA AND ORS.

The Supreme Court upheld the High Court's decision to treat a counter-claim as a plaint in a cross-suit, emphasizing that if a counter-claim is essentially a plaint, it can be treated as such without legal objection. The Court clarified that the crucial date for determining when the plaint in a cross-suit is considered filed is the date of the counter-claim's submission. Additionally, it stated that amendments under Order 6, Rule 17 of the Code of Civil Procedure should generally be refused if they would deprive a party of a legal right accrued by lapse of time. The appeal was dismissed, affirming the High Court's order.