Supreme Court Holds Counterclaim Cannot Be Revived After Trial Concludes

Case Snapshot

Case Name: IJM Corporation Berhad v. M/s Lakshmi Sai Constructions Company & Anr.

Citation: 2026 INSC 777

Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Date of Judgment: July 28, 2026

Area of Law: Civil Procedure, Court Fees, Counterclaims

The Judgment in One Line

A counterclaim omitted for four years and not on record cannot be revived after trial concludes, even under Section 149 CPC.

Why This Judgment Matters

This judgment clarifies the limits of Section 149 of the Civil Procedure Code. While Section 149 allows courts to permit payment of court fees at any stage, it does not allow a party to belatedly bring a counterclaim on record after trial has concluded. The Court distinguished A. Nawab John v. VN Subramaniam, holding that Section 149 applies to curing court fee defects on documents already on record, not to adding new claims after the evidentiary stage. The decision reinforces that defendants cannot spring a counterclaim on plaintiffs after the trial is over, and that Order VI Rule 17's strict proviso applies.

Background

The defendant filed a written statement on Oc

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