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Vijay Prakash Jarath vs. Tej Prakash Jarath – (SC)

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Code of Civil Procedure, 1908–Order 8, Rule 6-A–Rejection of counterclaim–Justification–Counter claim was filed after the issues had been framed–Respondent-plaintiffs evidence was still being recorded by the trial Court, at the time of filing of counter claim–No serious injury was caused to him–Further, the cause of action for filing the counter-claim had arisen before filing the written statement–Held, High Court was not justified in rejecting the counter claim.