Counterclaim In A Suit For Permanent Injunction Can’t Be Raised After Issues Are Framed By Trial Court: Karnataka High Court
The Karnataka High Court has reiterated that defendants in a suit filed seeking permanent injunction cannot raise a counterclaim by amending the written statements after framing of issues by the trial court.
A single judge, Justice Vijaykumar A Patil held thus while allowing the petition filed by Abdul Sattar who had approached the court questioning a trial court order allowing the application filed by the defendants M Khalid and others under Section Order 8 Rule 6A of the Code of Civil Procedure.
The petitioner contended that a belated application was filed seeking amendment of the written statement raising counterclaim against the petitioner whereas— a counterclaim can be made in a pending suit along with a written statement or within the time stipulated to file the written statement. However, in the case at hand, the trial Court allowed raising of counterclaim after Petitioner concluded his evidence.
The bench noted that admittedly, the application raising counterclaim was filed by the Respondent-defendants after more than 6 years from the date of filing of the written statement.
It referred to Ashok Kumar Kalra v. Wing Commander Surendra Agnihotri and Others, (2020) where the Apex Court held that defendants in the suit can file a counterclaim and allowing such counterclaim is discretion of the Court. However, the trial Court is required to consider various factors like “filing of the counterclaim can be allowed after filing of the written statement till the stage of commencement of recording of the evidence on behalf of the plaintiff…counterclaim cannot be allowed after framing of the issues.”
In the case on hand, the Court said the records indicate that the counterclaim filed by the Respondents after closure of Petitioner-plaintiff’s evidence. Hence, applying the aforesaid decision, the Court allowed the allowed set aside the order allowing counter claim.
Accordingly it rejected the application filed by the defendants.
Appearance: Advocate Ravishankar Shastry G for Petitioner.
Advocate Hareesh Bhandary for R3
Citation No: 2025 LiveLaw (Kar) 211
Case Title: Abdul Sattar AND M Khalid & Others
Case No: WRIT PETITION NO.2867/2020
