Showing : 81-90 of 351 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Will-- Proof - Execution and registration of Will proved in accordance with law - After death of testatrix, property mutated in the name of beneficiaries of Will - There is no challenge to the Will by way of counter claim, though it has been specifically challenged in written statement - Defendants..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with respect to alleged..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent events - Issues yet..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by..........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Defendant filed the suit claiming owner of suit property - Period of limitation started running from the date of filing of suit by defendant - Though defendant failed to prove its title but possession of suit property for 24 years remained with him - No counter claim in such suit, claiming relief..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6-- Counter claim - Cannot be rejected merely on the ground that Court fee has not been paid, as Court fee can only be deposited if counter claim is taken on record...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim solely against co-defendant - Not maintainable - Counter claim has to be for relief against plaintiff, however, incidentally the same relief can be claimed against a co-defendant...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 5-- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........

Showing : 81-90 of 351 Results