CPC Counter Claim In A Suit Need Not Be Headed By Cause Title
Case: Bijoy v. Gopinathan & Ors.
Coram: Justice C.S Dias
Case No.: OP(C) NO. 1600 OF 2021
Court Observation: “Undoubtedly, a counter claim is a subsequent pleading as prescribed under Order VIII Rule 9 of the Code of Civil Procedure. Therefore, there is no legal stipulation that a counter-claim should be headed by a cause title.”
“Order VII Rule 1 and Order VIII Rule 6A of the Code and Rules 11 and 15 of the Civil Rules of Practice, explicitly show that only a plaint or an original petition that needs to be headed with a cause title as in Form No.1, and the full name, age, residence and address and description of each party needs to be set out in the beginning of the plaint, original OP(C) NO.1600 OF 2021 11 petition or memorandum of appeal as in Form No.5, and further that the above said details need not be repeated in the subsequent proceedings in the same suit, appeal or matter.”
“The stand of the court below that the judgment and decree in the suit and the counter-claim will be issued only on the petitioner incorporating a cause title is unwarranted.”
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