Delhi High Court rules that ignoring counter-claims in pleadings is "patently illegal"

The Delhi High Court has ruled that failure to frame a counter-claim as an additional issue, when it is explicitly part of the pleadings, even if omitted from the prayer clause, is "patently illegal" and violates procedural justice.

The Court emphasised that counter-claims integral to the defence must be adjudicated to avoid multiplicity of litigation and ensure complete resolution of disputes.

The Judgement set aside a trial court order that had ignored a counter-claim on technical grounds, stressing that substantive rights cannot be defeated by procedural oversights.