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In Ashok Kumar Kalra v Wing Commander Surendra Agnihotri [2019 (4) KLT 790], the Supreme Court (SC) held that while a counterclaim need not always be filed along with the written statement, it must not be entertained once the suit has substantially progressed.
The SC held that a counterclaim at such a stage would defeat the orderly conduct of civil trials and could not be permitted once issues have been framed and the trial commenced.
Reference
- Ashok Kumar Kalra v Wing Commander Surendra Agnihotri [2019 (4) KLT 790]
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