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.