Showing : 1-10 of 313 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 9, 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Court is vested with discretion to allow filing of counter claim even after filing of written statement, as long as same is within limitation prescribed under Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Belated counter claim by way of an amendment to original written statement U.O.6.R.17 CPC can be introduced - However, filing of such a counter claim through an amended written statement is subject to leave of Court and not accorded to defendant as a matter of right...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay,..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Counter claim shall be treated as a plaint and it is governed by Rules applicable to plaints - Even if main suit is stayed, discontinued or dismissed, counter claim can be proceeded with independently - Any order passed in counter claim is considered to be decree against which an..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is dominus litis in so far..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Partition suit - Defendant can set up a counter claim even in a partition suit either against plaintiff or other defendants...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19-- Counter Claim - Civil suit and counter claim were disposed of vide composite judgment and decree - Appellant challenged decree passed in favour of respondent and dismissal of counter claim - There is no requirement to file separate appeal to challenge counter claim which was in fact filed by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19-- Res judicata - Counter Claim - Suit and Counter claim has been decided by common judgment and composite decree has been prepared - Since two appeals are not filed against the judgment and decree by trial court, appeal was liable to be dismissed by invoking principles of res judicata is not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the..........

Showing : 1-10 of 313 Results