Permissibility of Filing a Counter-Claim at a Belated Stage in Civil Suits: A Legal Analysis
Permissibility of Filing a Counter-Claim at a Belated Stage in Civil Suits: A Legal Analysis Author: Abhishek Jat, Advocate Introduction In the realm of civil litigation, the procedural rules governing the filing of counter-claims are pivotal in ensuring a fair and efficient adjudication process. The recent judgment by the Bombay High Court in Vijaymala Siding Doijad v. The State of Maharashtra & Ors. (Writ Petition No. 164 of 2015) sheds light on the critical issue of whether a counter-claim, which sets up a completely new case, can be permitted at the fag end of a suit. This article delves into the legal principles and judicial reasoning that underpin the court's decision to reject the belated counter-claim in this case. Legal Context The petition was filed under Article 227 of the Constitution of India , which empowers High Courts to exercise supervisory jurisdiction over subordinate courts. The petitioner challenged the legality and correctness...