ASHOK KUMAR KALRA vs WING CDR SURENDRA AGNIHOTRI

The Supreme Court addressed the interpretation of Order VIII Rule 6A of the Civil Procedure Code (CPC) concerning the filing of counter-claims by defendants. The Court held that the provision is enabling and aims to prevent multiplicity of proceedings, allowing counter-claims as long as they arise before or after the suit is filed but before the defendant delivers their defense. The Court emphasized that procedural rules should not obstruct justice, thereby clarifying the permissibility of counter-claims in ongoing litigation.