A bare reading of the aforesaid provision makes it pellucid that a counterclaim can indeed be filed by a defendant on a cause of action which may have arisen before or subsequent to the filing of a suit. Yet it should be one obtaining before delivering the defendant's defence at the time of filing of the written statement. I am of the considered view that even though a counterclaim is to be tried a suit, yet its laying has statutory limitations. A counterclaim can only be based on i.e. cause's of action which obtain and exist at the time of filing of the written statement. Subsequent to the filing of the written statement any further fresh cause of action by the defendant against the plaintiff cannot be included in the counterclaim by way of an amendment. For that the defendant has the remedy of laying a separate suit.
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
S.B. Civil Writ Petition No. 12286 of 2016
Decided On: 23.10.2018
Aakar-Prakar Laxman Path Vs. Madhuban Dairies
Hon'ble Judges/Coram:
Alok Sharma, J.
Citation: AIR 2019 Raj 42
