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march 2008

Supreme Court of India · 2008-03-13

Bollepanda P. Poonacha & Anr vs K.M. Madapa

Citation / case number
AIR 2008 SUPREME COURT 2003
Court
Supreme Court of India
Petitioner
Bollepanda P. Poonacha & Anr
Respondent
K.M. Madapa
Author
S.B. Sinha
Bench
S.B. Sinha, V. S. Sirpurkar

Judgment text excerpt

The Supreme Court addressed the permissibility of filing a counter claim after the submission of a written statement under Order 8 Rule 6A of the Code of Civil Procedure. The Court held that a counter claim can be filed for a cause of action that arises after the written statement is submitted, as long as it is before the defendant has delivered their defense. The Court upheld the lower courts' decisions allowing the counter claim, emphasizing the need to avoid unnecessary litigation.

Bollepanda P. Poonacha & Anr vs K.M. Madapa · Niyam