The hearing of the suit having commenced and proceeded till the closure of the
evidence of the plaintiffs, the defendants have gone on fully participating therein. At that
stage, they have sought for admission of counter claim.
Its trite, that there remains no legal bar for introduction of the counter cla
im by amendment of the written statement if the cause of action for the same had arisen before
filing of the written statement. But here the peculiar feature stands that the trial of the s
uit has already reached mid way that too with full participation of the defendants who then by
rising from deep slumber have come forward to say that the counter claim as had been advanced
in the written statement be accepted. The view taken by the trial court that it would lead t
o denovo trial, in the facts and circumstances appears to be perfectly justified and that is i
n consonance with the ratio decided in case of Gayathri Womens Welfare Association (supra) tha
t the court would be justified in exercising the discretion in negating the acceptance of bela
ted counter claim in the facts and circumstances of the case where the move is seen to prolong
the trial, complicate otherwise the smooth flow of proceedings and cause delay in the progres
s of the suit by forcing a retreat on the steps already taken by the court. The trial court ta
king all these into consideration appears to have exercised its discretion in the facts and ci
rcumstances of the case in a judicious manner, more so in view of the scope and ambit of the s
uit. Therefore, this Court being not able to search out any reason to say that miscarriage of
justice has occasioned thereby, finds the application as devoid of merit.
