Showing : 1-10 of 276 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - Counter claim time barred - Counter claim which on the face of record is time barred has to be rejected, whether cause of action accrued before filing of suit or after filing of suit - Delayed counter claim must be discouraged...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should be rejected -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6B, Civil Procedure Code, 1908, Order 6, Rule 15-- Counter claim - Verification of pleadings - Counter claims cannot be taken into consideration unless contents thereof are verified...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6B-- Counter claim - To be contained in the written statement itself and not by a separate pleading in the same manner as a plaint...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of counter claim - Counter claim can only be based on cause of action which obtain and exist at the time of filing of written statement - Subsequent to filing written statement, any further fresh cause of action by defendant against plaintiff cannot be included in counter claim by way of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of additional defendants in counter claim - If third parties are also necessary for considering the question of counter claim, they also can be impleaded as additional defendants in the counter claim - However plaintiff has right to say that defendant cannot insist on impleading other..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Can be raised in a suit for partition, as it can be brought in respect of any claim that can be subject matter of an independent suit - Counter claim cannot be confined only to money claims or to causes of action of same nature as original action...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Against co-defendant - Counter claim against co-defendant is not maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - To be treated as a separate suit/cross suit - As property in dispute as well as parties to the litigation in both the suits are common, Court to proceed with two suits simultaneously and decide the suits in accordance with law - Court is at liberty to consolidate the suits and..........

Showing : 1-10 of 276 Results