whether a counter-claim can be rejected in terms of Order VII, Rule 11 CPC, especially in the facts and circumstances of this case.= (i) Wherever the defence to a suit can survive even if the counter-claim goes, then the Court will be entitled to invoke Order VII, Rule 11 CPC and reject the counter-claim. (ii) Wherever the defence to the suit is so intertwined with the counter-claim that the rejection of the counter-claim will have the effect of killing the defence to the suit, the Court cannot invoke Order VII, Rule 11 CPC to reject the counter- claim.
HONBLE SRI JUSTICE V.RAMASUBRAMANIAN Second Appeal No.896 of 2017 15-12-2017 Jinendra Jewellers, Rep. by its Proprietor Kushal Raj, S/o Seshmal Jain, Aged 46 years, D.No.27-14-59, Rajagopalachari Stree 1.B.Venkateswara Rao, S/o late B.V. Subba Rao, Aged 62 years, R/o D.No.27-14-59, Rajagopalachari Street, Vijayawada 2. B.Vi Vijayawada Respondents/Plaintiffs Counsel for Appellant:Mr V.S.R. Anjaneyulu Counsel for Respondents:Mr. P.R.… Read More whether a counter-claim can be rejected in terms of Order VII, Rule 11 CPC, especially in the facts and circumstances of this case.= (i) Wherever the defence to a suit can survive even if the counter-claim goes, then the Court will be entitled to invoke Order VII, Rule 11 CPC and reject the counter-claim. (ii) Wherever the defence to the suit is so intertwined with the counter-claim that the rejection of the counter-claim will have the effect of killing the defence to the suit, the Court cannot invoke Order VII, Rule 11 CPC to reject the counter- claim.