K Sivaraman Nair vs Anjana C.J.

Amit Rawal, J.

The present petition is directed against the order dated 31.7.2023 of the Family Court whereby an application for impleadment of person against whom an allegation of entrustment were made in a counter claim set up on 16.6.2023 in OP No.445 of 2017 has been rejected.

It is contended that respondent wife had filed the petition for return of the gold ornaments and money taken by the petitioner from the wife. The aforementioned petition was filed in 2017 and trial continued. Only at the stage when the trial was over, on 16.6.2023 counter claim was set up averring that the amount actually received by the brother of the wife, who was sought to be impleaded, which has been rejected by applying the doctrine of dominus litis. It is further contended that the evidence in support of the counter claim has already been brought on record and no prejudice would be caused.

We have heard the learned counsel for the parties and appraised the paper book and of the view that there is no force and merit. Order VIII Rule 6(A) of the Code of Criminal Procedure prescribes a procedure for setting up a counter claim. Petition was filed far back as early as in 2017 whereas the counter claim was set up on 16.6.2023. The time permitted as per the aforementioned provisions was already over. The counter claim thus legally was not maintainable lest the application for impleadment. The court below has rightly rejected the application. There is no merit in the petition. Petition is dismissed.