Case Summary
This case involves a petition filed by the defendant, Jayapalan, to enlarge the time for filing a counter claim against the plaintiff, Mathew Paul. The defendant contends that the plaintiff has encroached upon a public pathway adjacent to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Counter claim accepted with costs of Rs.1000/-
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for the counter claim, accepting it with a cost imposed on the plaintiff. The defendant has the right to file the counter claim as the cause of action arose before the written statement was filed.
Why Plaintiff Won:
The petition was allowed as the court found merit in the defendant's claim for a counter claim.
The petition was allowed as the court found merit in the defendant's claim for a counter claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The cause of action for counter claim has been arisen well within the time. Filing of counter claim after filing of written statement is not barred. The general rule is that if a cause of action for counter claim arose before date of filing of written statement or before time limited for delivering defence has expired, such a counter claim could be entertained even after filing of written statement.
Judgment Evidence:
In the result, 1) Petition is allowed. 2) Counter claim is accepted with costs of Rs.1000/-. Pay costs to plaintiff within 14 days and file memo.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew Paul
- Party Age
- 58
- Relation
- S/o late V M Paul
- Party Role
- Defendant
- Party Name
- Jayapalan
- Party Age
- 59
- Relation
- S/o Lakshmi
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- R Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raju Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition is allowed; Counter claim is accepted.
Evidence:
1) Petition is allowed. 2) Counter claim is accepted with costs of Rs.1000/-.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mathew Paul vs Jayapalan regarding counter claim
Case Code Year
Case between Mathew Paul vs Jayapalan regarding counter claim