This bench disposed of a writ petition challenging the rejection of a counter-claim filed by defendants to avoid court fee. The court granted liberty to raise grounds and directed framing of issues regarding the counter-claim.
Liberty granted to petitioners to raise grounds via written statement; Civil Judge directed to accept same and frame issues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.3836 of 2009
2
both legal and factual by filing written statement/additional written statement to the counter claim filed by opposite parties 1 and 2 and learned Civil Judge shall accept the same and frame issue to that effect and proceed in accordance with law.
Issue urgent certified copy of the order on proper application.
................................. K.R. Mohapatra, J.
ss
2 issues framed by the court
Whether a counter-claim filed solely to avoid payment of court fee is maintainable under CPC provisions.
Whether the plaintiffs-petitioners are granted liberty to raise grounds regarding the filing of written statement to counter-claim.
2 provisions across 1 enactments
Petitioners
Defendant Nos. 1 and 2
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
