A counter claim can be filed after a written statement has been filed, as long as it's before the issues are framed.
In the case of Mahesh Govindji Trivedi vs Bakul Maganlal Vyas, the Supreme Court observed that a counter claim can be filed long after the written statement, as long as it's before the issues are framed. In this case, the counter claim was filed nearly 13 years after the written statement. .
However, the majority opinion is that a counter claim cannot be filed after the issues are framed and the suit has proceeded substantially
What is the endorsement are you referring to here?
Yes, it is mandatory to file a petition under Order 8 Rule 9 of the Civil Procedure Code (CPC) to file a counterclaim in a civil case after filing a written statement.
Order 8 Rule 9 of the CPC states that a defendant cannot file a counterclaim after submitting their written statement, except with the leave of the court.
The court has the sole discretion to allow any additional pleading after the defendant's written statement. The court will only allow it if the party can prove that the pleading needs to address new facts, circumstances, or grounds..
The court can also require a written statement or additional written statement from any party at any time.
