⚖️ LEGAL LEARNING | Shri Ganpati Jurists
❓ Can a Defendant File a Fresh Written Statement After Already Filing One?
📘 Case: Batliboi Environmental Engineering Limited v. Eastern Metec Private Limited (Calcutta High Court)
✅ Answer: YES — but with Court’s Permission.
🔹 If a subsequent cause of action arises after filing the original written statement, the defendant may file a fresh written statement along with a counterclaim.
🔹 This is permitted under Order VIII Rule 9 CPC, subject to leave of the Court.
🔹 Even after transfer of a suit to a Commercial Court, such filing remains legally valid.
🔹 The Court held that acceptance of the fresh written statement and counterclaim is proper and requires no interference.
📌 Legal Insight:
👉 Subsequent pleadings are not absolutely barred.
👉 Justice requires allowing parties to raise later-arising claims.
👉 Counterclaim can be entertained if based on a new cause of action.
⚖️ Procedure is meant to advance justice, not restrict legitimate claims.
— Shri Ganpati Jurists
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