#Order VIII Rule 6A CPC

Kerala High Court rules that a counter-claim by one respondent against a co-respondent is maintainable under the arbitration agreement, overriding procedural limitations under the CPC. The decision clarifies that arbitration agreements prevail over technical objections, enabling broader dispute resolution in multi-party commercial disputes.

Bombay High Court rules that counter-claims under Order VIII Rule 6A CPC can be allowed even after a five-year delay if rigid procedural timelines would defeat substantive justice. The judgment emphasizes judicial discretion to avoid multiplicity of proceedings and ensure privity, setting a precedent for flexible interpretation of limitation in civil suits.