Counter claim by the Defendant can be entertained at any stage to avoid multiplicity of judicial proceedings - claim is not hit by law of limitation or exceeding pecuniary jurisdiction of the Court.

Citation 

2008 (1) CTC 369 (Mad)

IN THE HIGH COURT OF MADRAS

A. Kulasekaran, J.

C.R.P. (PD) No. 1654 of 2006 and M.P. No. 1 of 2006.

November 28, 2007

S. Thirugnanasambandam. ...Petitioner

Vs

Kaliyaperumal Chettiar.   ..Respondent

Code of Civil Procedure, 1908 (5 or 1908), Order 8, RUE 6-A to 6-G When counter-claim has to be filed ? - Counter claim by the Defendant can be entertained at any stage to avoid multiplicity of judicial proceedings Discretion is given to Court to allow filing of additional written statement or counter-claim- Court has to only consider whether it is necessary for determining real question in controversy between parties and that daim is not hit by law of limitation or exceeding pecuniary jurisdiction of the Court.