Civil Procedure Code, 1908, Section 100 -- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - It has the same effect as a cross suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for specific performance - Once property was sold by defendant to a third party and if third party had benefited or gained substantially, thereby, it is not open to defendant to make a complaint at a later point of time to say that he is entitled to file a `Counter claim', because of fact that third party..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6E -- Time to file reply to counter-claim - No default on part of plaintiff - Court is duty bound to give time to plaintiff in terms of O.8.R.6-A of CPC and if within prescribed time plaintiff fails to file his reply to counter-claim then Court may pronounce judgment against plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Ad valorem court fee - Held, court fee is to be payable as per the relief claimed in counter claim...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore,..........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- LRs of a party cannot set up a different plea than one already taken until and unless they are impleaded in their individual capacity U.O.1.R.10 CPC - Impugned order of impleading LRs of defendant No.5 and amending written statement by treating it as a counter claim and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - Counter claim is treated as plaint and is governed by the rules applicable to plaints - Applicability of O.7.R.11 CPC to counter claim cannot be ruled out in total...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - Circumstances and conditions under which counter claim can be rejected are : (a) Wherever defence to a suit can survive even if counter-claim goes, then Court will be entitled to invoke O.7.R.11 CPC and reject the counter-claim; (b)..........
